§ 113‑269. Robbingor injuring hatcheries and other aquaculture operations.
(a) The definitions established in G.S. 106‑758 areincorporated by reference into this section. For the purposes of this section,a shellfish lease issued pursuant to G.S. 113‑202 is defined as anaquaculture facility only when it has been amended pursuant to G.S. 113‑202.1to authorize use of the water column and when it is or has been regularlyposted and identified in accordance with the rules of the Marine FisheriesCommission.
(b) It is unlawful for any person without the authority of theowner of an aquaculture facility to take fish or aquatic species beingcultivated or reared by the owner from an aquaculture facility.
(c) It is unlawful for any person to receive or possess fish oraquatic species stolen from an aquaculture facility while knowing or havingreasonable grounds to believe that the fish or aquatic species are stolen.
(d) It is unlawful for any person to willfully destroy or injurean aquaculture facility or aquatic species being reared in an aquaculturefacility.
(e) Violation of subsections (b) or (c) for fish or aquaticspecies valued at more than four hundred dollars ($400.00) is punishable underG.S. 14‑72. Violation of subsections (b) or (c) for fish or aquaticspecies valued at four hundred dollars ($400.00) or less is a Class 1misdemeanor.
(f) Violation of subsection (d) is a Class 1 misdemeanor.
(g) In deciding to impose any sentence other than an activeprison sentence, the sentencing judge shall consider and may require, inaccordance with G.S. 15A‑1343, restitution to the victim for the amountof damage to the aquaculture facility or aquatic species or for the value ofthe stolen fish or aquatic species.
(h) The district attorney shall dismiss any case broughtpursuant to subsections (b) and (c) if defendant produces a notarized writtenauthorization for taking fish or aquatic species from the aquaculture facilityor if the fish or aquatic species taken from a shellfish lease aquaculturefacility was not a shellfish authorized for cultivation on the lease. (1989, c. 281, s. 1; 1993, c. 539, ss. 850, 851; 1994,Ex. Sess., c. 24, s. 14(c).)
§ 113‑269. Robbingor injuring hatcheries and other aquaculture operations.
(a) The definitions established in G.S. 106‑758 areincorporated by reference into this section. For the purposes of this section,a shellfish lease issued pursuant to G.S. 113‑202 is defined as anaquaculture facility only when it has been amended pursuant to G.S. 113‑202.1to authorize use of the water column and when it is or has been regularlyposted and identified in accordance with the rules of the Marine FisheriesCommission.
(b) It is unlawful for any person without the authority of theowner of an aquaculture facility to take fish or aquatic species beingcultivated or reared by the owner from an aquaculture facility.
(c) It is unlawful for any person to receive or possess fish oraquatic species stolen from an aquaculture facility while knowing or havingreasonable grounds to believe that the fish or aquatic species are stolen.
(d) It is unlawful for any person to willfully destroy or injurean aquaculture facility or aquatic species being reared in an aquaculturefacility.
(e) Violation of subsections (b) or (c) for fish or aquaticspecies valued at more than four hundred dollars ($400.00) is punishable underG.S. 14‑72. Violation of subsections (b) or (c) for fish or aquaticspecies valued at four hundred dollars ($400.00) or less is a Class 1misdemeanor.
(f) Violation of subsection (d) is a Class 1 misdemeanor.
(g) In deciding to impose any sentence other than an activeprison sentence, the sentencing judge shall consider and may require, inaccordance with G.S. 15A‑1343, restitution to the victim for the amountof damage to the aquaculture facility or aquatic species or for the value ofthe stolen fish or aquatic species.
(h) The district attorney shall dismiss any case broughtpursuant to subsections (b) and (c) if defendant produces a notarized writtenauthorization for taking fish or aquatic species from the aquaculture facilityor if the fish or aquatic species taken from a shellfish lease aquaculturefacility was not a shellfish authorized for cultivation on the lease. (1989, c. 281, s. 1; 1993, c. 539, ss. 850, 851; 1994,Ex. Sess., c. 24, s. 14(c).)
§ 113‑269. Robbingor injuring hatcheries and other aquaculture operations.
(a) The definitions established in G.S. 106‑758 areincorporated by reference into this section. For the purposes of this section,a shellfish lease issued pursuant to G.S. 113‑202 is defined as anaquaculture facility only when it has been amended pursuant to G.S. 113‑202.1to authorize use of the water column and when it is or has been regularlyposted and identified in accordance with the rules of the Marine FisheriesCommission.
(b) It is unlawful for any person without the authority of theowner of an aquaculture facility to take fish or aquatic species beingcultivated or reared by the owner from an aquaculture facility.
(c) It is unlawful for any person to receive or possess fish oraquatic species stolen from an aquaculture facility while knowing or havingreasonable grounds to believe that the fish or aquatic species are stolen.
(d) It is unlawful for any person to willfully destroy or injurean aquaculture facility or aquatic species being reared in an aquaculturefacility.
(e) Violation of subsections (b) or (c) for fish or aquaticspecies valued at more than four hundred dollars ($400.00) is punishable underG.S. 14‑72. Violation of subsections (b) or (c) for fish or aquaticspecies valued at four hundred dollars ($400.00) or less is a Class 1misdemeanor.
(f) Violation of subsection (d) is a Class 1 misdemeanor.
(g) In deciding to impose any sentence other than an activeprison sentence, the sentencing judge shall consider and may require, inaccordance with G.S. 15A‑1343, restitution to the victim for the amountof damage to the aquaculture facility or aquatic species or for the value ofthe stolen fish or aquatic species.
(h) The district attorney shall dismiss any case broughtpursuant to subsections (b) and (c) if defendant produces a notarized writtenauthorization for taking fish or aquatic species from the aquaculture facilityor if the fish or aquatic species taken from a shellfish lease aquaculturefacility was not a shellfish authorized for cultivation on the lease. (1989, c. 281, s. 1; 1993, c. 539, ss. 850, 851; 1994,Ex. Sess., c. 24, s. 14(c).)
