NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1285

HOUSE BILL 1724

 

 

AN ACT TO MAKE TECHNICAL CORRECTIONS AND CLARIFYING AMENDMENTS TO CHAPTER 830 OF THE 1979 SESSION LAWS RELATING TO CONSOLIDATION OF THE WILDLIFE RESOURCES CONSERVATION LAWS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 113-129(1d), as added by Chapter 830 of the 1979 Session Laws, is amended to add the phrase "and which is" after the word "waters" and before the word "owned".

Sec. 2.  G.S. 113-133.1(e), as added by Chapter 830 of the 1979 Session Laws, is amended to correct references to local acts retained for particular counties as follows:

Alleghany: Delete "Session Laws 1979, Chapter 578" and add "Session Laws 1979, Chapter 556".

Halifax: Delete in the first citation "Public-Local Laws 1929" and insert "Public Local Laws 1925".

Johnston: Add between Jackson and Jones, "Johnston: Session Laws 1975, Chapter 342".

New Hanover: Delete "Public-Local Laws 1917, Chapter 673;".

Rowan: Delete "Session Laws 1979, Chapter 578" and add "Session Laws 1979, Chapter 556".

Stokes: Delete "Session Laws 1979, Chapter 578" and add "Session Laws 1979, Chapter 556".

Sec. 3.  G.S. 113-272.5(a), as added by Chapter 830 of the 1979 Session Laws, is amended to rewrite the first sentence to read:

"In the interests of humane treatment of wild animals and wild birds that are crippled, tame, or otherwise unfit for immediate release into their natural habitat, the Wildlife Resources Commission may license qualified individuals to hold at a specified location one or more of any particular species of wild animal or wild bird alive in captivity."

Sec. 4.  G.S. 113-291.1(a), as added by Chapter 830 of the 1979 Session Laws, is amended to rewrite the second sentence to read:

"Fur-bearing animals may be taken at any time during open trapping season with traps authorized under G.S. 113-291.6, and rabbits may be box-trapped in accordance with regulations of the Wildlife Resources Commission."

Sec. 5.  G.S. 113-291.1(c), as added by Chapter 830 of the 1979 Session Laws, is amended to add a sentence at the end to read:

"The Wildlife Resources Commission may prohibit individuals training dogs or taking particular species from carrying axes, saws, tree-climbing equipment, and other implements that may facilitate the unlawful taking of wildlife, except tree-climbing equipment may be carried and used by persons lawfully taking raccoons and opossums during open season."

Sec. 6.  G.S. 113-291.1(g), as added by Chapter 830 of the 1979 Session Laws, is amended to add a sentence at the end to read:

"The Wildlife Resources Commission may, however, restrict or prohibit the carrying of firearms during special seasons or in special areas reserved for the taking of wildlife with primitive weapons or other restricted methods."

Sec. 7.  G.S. 113-291.2(a), as added by Chapter 830 of the 1979 Session Laws, is amended to add a sentence at the end to read:

"Unless modified by regulations of the Wildlife Resources Commission, the seasons, shooting hours, bag limits, and possession limits fixed by the United States Department of Interior or any successor agency for migratory game birds in North Carolina must be followed, and a violation of the applicable federal regulations is hereby made unlawful."

Sec. 8.  G.S. 113-291.3(b)(7), as added by Chapter 830 of the 1979 Session Laws, is amended to delete the reference to "G.S. 113-274(1a)" and insert "G.S. 113-274(c)(1a)".

Sec. 9.  G.S. 113-300.1, as added by Chapter 830 of the 1979 Session Laws, is amended to delete in the second sentence the phrase "the taking of the wildlife by poison" and inserting "the taking of wildlife by poison".

Sec. 10.  G.S. 113-301.1, as added by Chapter 830 of the 1979 Session Laws, is amended to add a new subsection as follows:

"(e)       Pending full implementation by the Attorney General of the publication requirements of Article 5 of Chapter 150A of the General Statutes, the Wildlife Resources Commission may in its discretion continue to file with the clerks of superior court of all counties affected the text of any new regulation or amending or rewritten regulation."

Sec. 11.  Section 14 of Chapter 830 of the 1979 Session Laws, as codified in G.S. 113-133.1(g), is amended as follows:

(a)  The second sentence is rewritten to read: "The following local conservation act that specifies that it must be specifically repealed is so repealed: Chapter 441 of the Session Laws of 1977."

(b)  The third sentence is amended to insert a new clause following the citation to Section 11, Chapter 258, Session Laws of 1969: "Section 4, Chapter 434, Session Laws of 1977;".

Sec. 12.  This act shall become effective July 1, 1980.

In the General Assembly read three times and ratified, this the 25th day of June, 1980.