JurisdictionNorth CarolinaCh. 113Conservation and Development
Art. 16AMarine Aquaculture
Subch. IVCONSERVATION OF MARINE AND ESTUARINE AND WILDLIFE RESOURCES
This text of North Carolina § 113-218 (Protection of private marine aquaculture rights) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
It is unlawful for any person, other than the holder of a lease issued under this Article, to take or attempt to take marine species being produced under the license and associated lease from any privately leased, franchised, or deeded marine aquaculture operation without written authorization of the holder and with actual knowledge it is a marine aquaculture leased area. Actual knowledge will be presumed when the marine species are taken or attempted to be taken under the following circumstances:
(1)From within the confines of posted boundaries of the area as identified by signs, whether the whole or any part of the area is posted; or
(2)When the area has been regularly posted and identified and the person knew the area to be the subject of private marine aquaculture rights.
A violation
Free access — add to your briefcase to read the full text and ask questions with AI
It is unlawful for any person, other than the holder of a lease issued under this Article, to take or attempt to take marine species being produced under the license and associated lease from any privately leased, franchised, or deeded marine aquaculture operation without written authorization of the holder and with actual knowledge it is a marine aquaculture leased area. Actual knowledge will be presumed when the marine species are taken or attempted to be taken under the following circumstances:
(1) From within the confines of posted boundaries of the area as identified by signs, whether the whole or any part of the area is posted; or
(2) When the area has been regularly posted and identified and the person knew the area to be the subject of private marine aquaculture rights.
A violation of this subsection shall constitute a Class A1 misdemeanor, which may include a fine of not more than five thousand dollars ($5,000). The written authorization shall include the lease number or deed reference, name and address of authorized person, date of issuance, and date of expiration, and it must be signed by the holder of the marine aquaculture rights. Identification signs shall include the lease number or deed reference and the name of the holder. (2017-190, s. 1.)
§ 113-219: Reserved for future codification purposes.
§ 113-220: Reserved for future codification purposes.