NORTH CAROLINA GENERAL ASSEMBLY
1961 SESSION
CHAPTER 1189
HOUSE BILL 1085
AN ACT TO AMEND CHAPTER 113 OF THE GENERAL STATUTES RELATING TO COMMERCIAL FISHERIES BY CLARIFYING THE PROVISIONS OF EXISTING LAWS, REGULATING THE ESTABLISHMENT OF TAKING OF SHRIMP AND OYSTERS FOR PERSONAL USE AND AUTHORIZING THE DIRECTOR TO SUSPEND LICENSES UPON CONVICTION OF VIOLATIONS:
The General Assembly of North Carolina do enact:
Section 1. Chapter 113 of the General Statutes is amended by adding a new Section immediately following G.S. 113‑136, to be designated G.S. 113‑136.1 and to read as follows:
"G.S. 113‑136.1. (a) The Board of Conservation and Development is hereby authorized to empower the Director, acting upon the advice of the Commissioner of Commercial Fisheries and the Director of the Institute of Fisheries Research, when in his and their opinion such action is necessary to promote the development of the oystering and shrimping industries and to effect proper conservation and management of seafood resources, to:
"(1) Close areas of public oyster bottoms, or to close breeding areas for shrimp during the breeding and growing seasons;
"(2) Close public bottoms where oysters, oyster shells and other shells have been planted by or under the direction of the Board;
"(3) Close areas in which water pollution would render seafood products taken therefrom unsafe for human consumption.
"(b) Except in such areas and during such seasons which may have been closed by the Director as authorized herein, shrimp and oysters may be taken by legal means for personal use and for home consumption exclusively, from the commercial fishing waters of this State at any time: Provided, however, that oysters may not be taken for any purpose on any Sunday and that oysters other than coon oysters may not be taken in June, July and August except as authorized by the Director.
"(c) It shall be unlawful for any person, firm or corporation:
"(1) To take oysters or shrimp from closed areas, or during closed seasons, for any purpose, except as herein provided;
"(2) To take oysters for personal use for home consumption in excess of one bushel per person and five bushels per boat on not more than two days in any one week during the regular open oyster season, or to take any oysters by the use of dredges except during the regular open oyster season;
"(3) To place any oysters which have been taken during the regular closed season upon a private oyster bottom, except during those times which may be established by the Director for the taking of seed oysters from public bottoms to be planted upon private beds;
"(4) To take oysters or shrimp during the regular closed seasons or in violation of any of the above laws;
"(5) To sell any oysters or shrimp which have been lawfully taken for personal use for home consumption as herein provided.
"(d) Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor and shall, upon conviction, be fined or imprisoned or both, in the discretion of the court."
Sec. 2. Chapter 113 of the General Statutes is amended by adding a new Section to be designated G.S. 113‑140.1 and to read as follows:
"G.S. 113‑140.1. It shall be unlawful for any person to wilfully and knowingly sell or offer for sale, transport or offer to transport by any means whatsoever, or to have in his possession any seafood, including shellfish, crabs, shrimp and finfish, which have been unlawfully taken in violation of the provisions of this Chapter or in violation of any of the Commercial Fishing Regulations of the Board of Conservation and Development, or upon which the license tax therefor has not been paid. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be fined or imprisoned, or both, in the discretion of the court; and, if a dealer or buy‑boat owner or operator, shall be subject to have his license revoked as hereinafter provided in G.S. 113‑352."
Sec. 3. G.S. 113‑174.10 is amended by inserting, following the word and punctuation "shrimp," in line 3, the words and punctuation "hard and soft crabs,".
Sec. 4. G.S. 113‑174.15 is amended by striking out the semicolon and all of said subsection following the word "operated" in line 5 and substituting in lieu thereof the following:
"for use in evidence in any trial for violation of such rules or laws. Pending trial for such violation, the owner of such boat or appliance may retain possession thereof by posting bond with good and sufficient surety for the delivery of such boat and/or appliance as may be required for use in evidence in the trial for such violation and such boat or appliance shall be returned to the owner thereof by the Commissioner upon conclusion of such trial.
Sec. 4 1/2. G.S. 113‑207 is amended by adding, following the words "refuse to stop and" in line 2 thereof, the words "have his oysters inspected or".
Sec. 5. G.S. 113‑211 is amended by inserting a comma following the word "oysters" in line 3, by adding the following language immediately after the word "oysters" and immediately preceding the words "on Sunday" in said line:
"or from such boat or vessel to a truck, car or other means of conveyance,".
Sec. 6. G.S. 113‑211 is further amended by deleting from lines 4 and 5 thereof, the following language:
"and be fined not more than fifty dollars ($50.00) or imprisoned not more than thirty (30) days:" and substituting in lieu thereof the following:
"and shall be fined or imprisoned, or both, in the discretion of the court."
Sec. 7. G.S. 113‑213 is amended by deleting the period at the end of the first sentence, substituting a comma therefor and adding the following language:
"and, if a dealer or buy‑boat owner or operator, shall have any Commercial Fisheries License which has been issued to him suspended in accordance with the provisions of G.S. 113‑352."
Sec. 8. G.S. 113‑214 is amended by deleting the period at the end of the first sentence, adding a semicolon in lieu thereof and adding the following language:
"and shall have any Commercial Fisheries License issued to him revoked in accordance with the provisions of G.S. 113‑352."
G.S. 113‑214 is further amended by deleting the last sentence of the said Section.
Sec. 9. Chapter 113 of the General Statutes is amended by adding a new Section to be designated "Article 25A, Revocation of Commercial Fisheries Licenses by Director", and to read as follows:
"ARTICLE 25A.
"REVOCATION OF COMMERCIAL FISHERIES LICENSE BY DIRECTOR.
"G.S. 113‑352. Any dealer, buy‑boat owner or operator, shucking house operator, or other person engaged in the business of buying or transporting seafood products who shall have been convicted of a violation of any of the provisions of Articles 15A, 15B, 16, 18, 20, 21, 24 and 25 of this Chapter, or violation of any of the rules and regulations of the Board of Conservation and Development pertaining to Commercial Fisheries operations, may, upon conviction for a first offense, have any Commercial Fishing or Commercial Fisheries License which may have been issued to him by the Commissioner of Commercial Fisheries or by the Board of Conservation and Development revoked for a period of not less than thirty (30) days in addition to such other sentence as may have been imposed; upon conviction of a second offense or violation of the laws or regulations as above set forth, such person shall have his license suspended for a period of not less than six (6) months. The Director of the Department of Conservation and Development is authorized and empowered to suspend such license upon convictions as hereinabove set forth."
Sec. 10. All laws and clauses of laws, except Chapters 444 and 767, Session Laws of 1959, in conflict with this Act are hereby repealed, and Chapters 444 and 767, Session Laws of 1959, shall be and remain in full force and effect.
Sec. 11. This Act shall be in full force and effect from and after August 1, 1961.
In the General Assembly read three times and ratified, this the 22nd day of June, 1961.