GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 (b) It shall be unlawful for any person, firm, or corporation 



2 to abandon or cause to be abandoned, any vessel in or upon the 



3 coastal fishing waters of the State or upon State-owned submerged 



4 lands. The last owner of record of a vessel at the time it was 



5 abandoned shall be presumed to be the person who abandoned the 



6 vessel or caused its abandonment. 



7 (c) A vessel shall be presumed to be abandoned in violation of 



8 this section when the vessel is either left unattended for more 



9 than 30 consecutive days or the vessel is left in a wrecked, 



10 junked, or substantially dismantled condition without the consent 



11 of the Secretary of Environment Natural Resources. 



12 (d) Any person, firm, or corporation who violates the 



13 provisions of subsection (b) of this section shall be guilty of a 



14 Class 2 misdemeanor. After the expiration of 30 days from the 



15 receipt or publication of notice by Secretary under subdivision 



16 (e)(2) of this section, each day the vessel remains in violation 



17 of this section shall constitute a separate offense. It is a 



18 defense to prosecution for a violation of this section if all of 



19 the following requirements are satisfied; 



20 ( 1 ) The vessel was abandoned due to a natural disaster 

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26 i_2l 



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29 (3) 



30 satisfaction of the Secretary. 



31 (e) The Department may investigate a report that a vessel has 



32 been abandoned in violation of this section and may remove or 



33 require the removal of an abandoned vessel as provided in this 



34 subsection. 



35 ( 1 ) If the Secretary determines that an abandoned 



36 vessel is a hazard to safety, navigation, human 



37 health, or the environment, the owner of the vessel 



38 shall be deemed to have appointed the Secretary his 



39 or her agent for the purposes of removal of the 

 4 vessel. If the Secretary determines that the 



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