NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 830

SENATE BILL 226

 

 

AN ACT TO REVISE AND CONSOLIDATE THE LAWS OF NORTH CAROLINA RELATING TO THE CONSERVATION OF WILDLIFE RESOURCES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 6 and Subchapters II A and III of Chapter 113 of the General Statutes are repealed. Subchapter IV of Chapter 113 of the General Statutes is rewritten to read as indicated below; provisions which are not amended by this act are not set out below but are indicated as "(No change.)"; provisions which are repealed by this act are indicated below as "(Repealed.)".

"SUBCHAPTER IV.

"Conservation of Marine and Estuarine and Wildlife Resources.

"ARTICLE 12.

"General Definitions.

"§ 113-127.  Application of Article. — (No change.)

"§ 113-128.  Definitions relating to agencies and their powers. — The following definitions and their cognates apply to powers and administration of agencies charged with the conservation of marine and estuarine and wildlife resources:

(1)        (Repealed.)

(2)        (Repealed.)

(3)        Department. The Department of Natural Resources and Community Development. References to the department include, when appropriate, the Marine Fisheries Commission.

(4)        Executive director. (No change.)

(5)        Inspector. Marine fisheries inspector.

(5a)      Marine Fisheries Commission. The Marine Fisheries Commission of the department as established by Part 5 of Article 7 of Chapter 143B of the General Statutes.

(5b)      Marine fisheries inspector. An employee of the department, other than a wildlife protector, sworn in as an officer and assigned duties which include exercise of law enforcement powers under this Subchapter. All references in statutes, regulations, contracts, and other legal and official documents to commercial fisheries inspectors and to commercial and sports fisheries inspectors apply to marine fisheries inspectors.

(6)        Notice; notify. (No change.)

(7)        Protector. (No change.)

(8)        Secretary. (No change.)

(9)        Wildlife protector. (No change.)

(10)      Wildlife Resources Commission. The North Carolina Wildlife Resources Commission as established by Article 24 of Chapter 143 of the General Statutes and Part 3 of Article 7 of Chapter 143B of the General Statutes.

"§ 113-129.  Definitions relating to resources. — The following definitions and their cognates apply in the description of the various marine and estuarine and wildlife resources:

(1)        (Repealed.)

(1a)      Animals. Wild animals, except when the context clearly indicates a contrary interpretation.

(1b)      Big game. Deer, bear, wild boar, and wild turkey.

(1c)      Birds. Wild birds, except when the context clearly indicates a contrary interpretation.

(1d)      Boating and fishing access area. An area of land providing access to public waters owned, leased, controlled, or managed by the Wildlife Resources Commission.

(1e)      Bushel. A dry measure containing 2,150.42 cubic inches.

(2)        Coastal fisheries. (No change.)

(3)        Coastal fishing. (No change.)

(4)        Coastal fishing waters. The Atlantic Ocean; the various coastal sounds; and estuarine waters up to the dividing line between coastal fishing waters and inland fishing waters agreed upon by the Marine Fisheries Commission and the Wildlife Resources Commission. Except as provisions in this Subchapter or changes in the agreement between the Marine Fisheries Commission and the Wildlife Resources Commission may make such reference inapplicable, all references in statutes, regulations, contracts, and other legal or official documents to commercial fishing waters apply to coastal fishing waters.

(5)        Crustaceans. Crustacea, specifically including crabs, lobster, and shrimp.

(6)        Fisheries resources. (No change.)

(7)        Fish; fishes. (No change.)

(7a)      Fur-bearing animals. Beaver, mink, muskrat, nutria, otter, skunk, and weasel; bobcat, opossum, and raccoon when lawfully taken with traps.

(7b)      Game. Game animals and game birds.

(7c)      Game animals. Bear, deer, fox, rabbit, squirrel, and wild boar; bobcat, opossum, and raccoon except when trapped in accordance with provisions relating to fur-bearing animals.

(7d)      Game birds. Migratory game birds and upland game birds.

(8)        Game fish. (No change.)

(8a)      Game lands. Lands owned, leased, controlled, or cooperatively managed by the Wildlife Resources Commission for public hunting, trapping, or fishing.

(9)        Inland fishing waters. All inland waters except private ponds; and all waters connecting with or tributary to coastal sounds or the ocean extending inland or upstream from:

a.         The dividing line between coastal fishing waters and inland fishing waters agreed upon by the Marine Fisheries Commission and the Wildlife Resources Commission; or

b.         North Carolina's boundary with another state.

(10)      Inland game fish. (No change.)

(10a)    Joint fishing waters. Those coastal fishing waters in which are found a significant number of freshwater fish, as agreed upon by the Marine Fisheries Commission and the Wildlife Resources Commission in accordance with G.S. 113-132(e).

(11)      Marine and estuarine resources. (No change.)

(11a)    Migratory birds. All birds, whether or not raised in captivity, included in the terms of conventions between the United States and any foreign country for the protection of migratory birds and the Migratory Bird Treaty Act, as defined and listed in Part 10 of Title 50 of the Code of Federal Regulations.

(11b)    Migratory game birds. Those migratory birds for which open seasons are prescribed by the United States Department of the Interior and belonging to the following families:

a.         Anatidae (wild ducks, geese, brant, and swans);

b.         Columbidae (wild doves and pigeons);

c.         Gruidae (little brown cranes);

d.         Rallidae (rails, coots, and gallinules); and

e.         Scolopacidae (woodcock and snipe).

The Wildlife Resources Commission is authorized to modify this definition from time to time by regulations only as necessary to keep it in conformity with governing federal laws and regulations pertaining to migratory game birds.

(11e)    Nongame animals. All wild animals except game and fur-bearing animals.

(11d)    Nongame birds. All wild birds except game birds.

(12)      Nongame fish. (No change.)

(13)      Private pond. A body of water arising within and lying wholly upon a single tract of privately owned land, from which fish cannot escape and into which fish cannot enter from public fishing waters at any time, except that all publicly owned ponds and lakes are classified as public fishing waters. In addition, the private owners of abutting tracts of land on which a pond not exceeding 10 acres is or has been established may by written agreement cooperate to maintain that pond as a private pond if it otherwise meets the requirements of this definition. If a copy of the agreement has been filed with the Wildlife Resources Commission and the pond in fact meets the requirements of this definition, it attains the status of private pond either 60 days after the agreement has been filed or upon the Commission's approving it as private, whichever occurs first.

(13a)    Public fishing waters; public waters. Coastal fishing waters, inland fishing waters, or both.

(13b)    Public hunting grounds. Privately owned lands open to the public for hunting under the terms of a cooperative agreement between the owner and the Wildlife Resources Commission.

(13c)    Raptor. A migratory bird of prey authorized under federal law and regulations for the taking of quarry by falconry.

(14)      Shellfish. (No change.)

(14a)    (Reserved.)

(14b)    Upland game birds. Grouse, pheasant, quail, and wild turkey.

(15)      Wild animals. Game animals; fur-bearing animals; and all other wild mammals except marine mammals found in coastal fishing waters. In addition, this definition includes members of the following groups which are on the federal list of endangered or threatened species: wild amphibians, wild reptiles except sea turtles inhabiting or depending upon coastal fishing waters, and wild invertebrates except invertebrates declared to be pests under the Structural Pest Control Act of North Carolina of 1955 or the North Carolina Pesticide Law of 1971. Nothing in this definition is intended to abrogate G.S. 113-132(c), confer jurisdiction upon the Wildlife Resources Commission as to any subject exclusively regulated by any other agency, or to authorize the Wildlife Resources Commission by its regulations to supersede valid provisions of law or regulation administered by any other agency.

(15a)    Wild birds. Migratory game birds; upland game birds; and all undomesticated feathered vertebrates. The Wildlife Resources Commission may by regulation list specific birds or classes of birds excluded from the definition of wild birds based upon the need for protection or regulation in the interests of conservation of wildlife resources.

(16)      Wildlife. Wild animals; wild birds; all fish found in inland fishing waters; and inland game fish. Unless the context clearly requires otherwise, the definitions of wildlife, wildlife resources, wild animals, wild birds, fish, and the like are deemed to include species normally wild, or indistinquishable from wild species, which are raised or kept in captivity. Nothing in this definition is intended to abrogate the exclusive authority given the Department of Agriculture to regulate the production and sale of pen-raised quail for food purposes.

(16a)    Wildlife refuge. An area of land or waters owned, leased, controlled, or cooperatively managed by the Wildlife Resources Commission which is closed to the taking of some or all species of wildlife.

(17)      Wildlife resources. (No change.)

"§ 113-130.  Definitions relating to activities of public. — The following definitions and their cognates apply to activities of the public in regard to marine and estuarine and wildlife resources:

(1)        Individual. (Repealed.)

(1a)      Falconry. The sport of taking quarry by means of a trained raptor.

(1b)      Individual. A human being.

(1c)      Landholder. Any individual, resident or nonresident, owning land in this State or, when he is the one principally engaged in cultivating the land, leasing land in this State for agricultural purposes.

(2)        Owner; ownership. (No change.)

(3)        Person. (No change.)

(4)        Resident. In the case of:

a.         Individuals. One who at the time in question has resided in North Carolina for the preceding six months or has been domiciled in North Carolina for the preceding 60 days. When domicile in the State for a period of 60 days up to six months is the basis for establishing residence, the individual must sign a certificate on a form supplied by the department or the Wildlife Resources Commission, as the case may be, stating the necessary facts and the intent to establish domicile here.

b.         Corporations. A corporation which is chartered under the laws of North Carolina and has its principal office within the State.

c.         Partnerships. A partnership in which all partners are residents of North Carolina and which has its principal office in the State.

d.         Other Associations and Groups Fitting the Definition of Person. An association or group principally composed of individual residents of North Carolina, with its principal office, if any, in the State, and organized for a purpose that contemplates more involvement or contact with this State than any other state.

e.         Military Personnel and Their Dependents. A member of the armed forces of the United States stationed at a military facility in North Carolina, his spouse, and any dependent under 18 years of age residing with him are deemed residents of the State, of the county in which they live, and also, if different, of any county in which the military facility is located.

(4a)      To buy; purchase. Includes a purchase or exchange of property, or an offer or attempt to purchase or exchange, for money or any other valuable consideration.

(5)        To fish. (No change.)

(5a)      To hunt. To take wild animals or wild birds.

(6)        To sell; sale. (No change.)

(7)        To take. All operations during, immediately preparatory, and immediately subsequent to an attempt, whether successful or not, to capture, kill, pursue, hunt, or otherwise harm or reduce to possession any fisheries resources or wildlife resources.

(7a)      To trap. To take wild animals or wild birds by trapping.

(8)        Vessel. (No change.)

"ARTICLE 13.

"Jurisdiction of Conservation Agencies.

"§ 113-131.  Resources belong to public; stewardship of conservation agencies. — (No change.)

"§ 113-132.  Jurisdiction of conservation agencies. — (a) (No change.)

(b)        (No change.)

(c)        Notwithstanding the provisions of this Article, this Subchapter does not give the Marine Fisheries Commission or the Wildlife Resources Commission jurisdiction over matters clearly within the jurisdiction vested in the Department of Agriculture, the North Carolina Pesticide Board, the Commission for Health Services, the Environmental Management Commission, or other divisions of the department regulating air or water pollution.

(d)        (No change.)

(e)        Those coastal fishing waters in which are found a significant number of freshwater fish, as agreed upon by the Marine Fisheries Commission and the Wildlife Resources Commission, may be denominated joint fishing waters. These waters are deemed coastal fishing waters from the standpoint of laws and regulations administered by the department and are deemed inland fishing waters from the standpoint of laws and regulations administered by the Wildlife Resources Commission. The Marine Fisheries Commission and the Wildlife Resources Commission may make joint regulations governing the responsibilities of each agency and modifying the applicability of licensing and other regulatory provisions as may be necessary for rational and compatible management of the marine and estuarine and wildlife resources in joint fishing waters.

(f)         (No change.)

"§ 113-133.  Abolition of local coastal fishing laws. — (No change.)

"§ 113-133.1.  Limitations upon local regulation of wildlife resources; certain local acts retained. (a) The enjoyment of the wildlife resources of the State belongs to all of the people of the State.

(b)        The Wildlife Resources Commission is charged with administering the governing statutes in a manner to serve as equitably as may be the various competing interests of the people regarding wildlife resources, considering the interests of those whose livelihood depends upon full and wise use of renewable resources and the interests of the many whose approach is recreational. Thus, except as provided in subsection (e), all special, local, and private acts and ordinances enacted prior to the ratification date of the act creating this section regulating the conservation of wildlife resources are repealed. Nothing in this section is intended to invalidate local legislation or local ordinances which exercise valid powers over subjects other than the conservation of wildlife resources, even though an incidental effect may consist of an overlapping or conflict of jurisdiction as to some particular provision not essential to the conservation objectives set out in this Subchapter. In particular, this section does not repeal local acts which restrict hunting primarily for the purpose of protecting travelers on the highway, landowners, or other persons who may be endangered or affected by hunters' weapons or ammunition or whose property may be damaged.

(c)        This Subchapter is intended to express State policy relating to the conservation of wildlife resources. Nothing in this section is intended to repeal or prevent the enactment of any city or county ordinance otherwise validly authorized which has only a minor and incidental impact on the conservation of marine and estuarine and wildlife resources. This section does not repeal G.S. 153A-127, G.S. 153A-131, G.S. 160A-182, G.S. 160A-187, and G.S. 160A-188, nor any local act establishing bird sanctuaries, except that local authorities operating bird sanctuaries may not regulate the taking of game or otherwise abrogate valid laws and regulations pertaining to the conservation of wildlife resources.

(d)        Nothing in this Subchapter is intended to repeal or abridge the regulatory authority of the Game Commission of Currituck County or the Dare County Game and Wildlife Commission.

(e)        Because of strong community interest expressed in their retention, the local acts or portions of local acts listed in this section are not repealed. The following local acts are retained to the extent they apply to the county for which listed:

Alleghany: Session Laws 1951, Chapter 665; Session Laws 1977, Chapter 526; Session Laws 1979, Chapter 578.

Anson: Former G.S. 113-111, as amended by Session Laws 1955, Chapter 286.

Ashe: Former G.S. 113-111; Session Laws 1951, Chapter 665.

Avery: Former G.S. 113-122.

Beaufort: Session Laws 1947, Chapter 466, as amended by Session Laws 1979, Chapter 219; Session Laws 1957, Chapter 1364; Session Laws 1971, Chapter 173; Session Laws 1977, Chapter 90.

Bertie: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 287.

Bladen: Public-Local Laws 1933, Chapter 550, Section 2 (as it pertains to fox seasons); Session Laws 1961, Chapter 348, (as it applies to Bladen residents fishing in Robeson County); Session Laws 1961, Chapter 1023; Session Laws 1971, Chapter 384.

Brunswick: Session Laws 1975, Chapter 218.

Buncombe: Public-Local Laws 1917, Chapter 658, Section 2; Public-Local Laws 1933, Chapter 308; Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238.

Burke: Public-Local Laws 1921, Chapter 454; Public-Local Laws 1921 (Extra Session), Chapter 213, Section 3 (with respect to fox seasons); Public-Local Laws 1933, Chapter 422, Section 3; Session Laws 1965, Chapter 608, as amended by Session Laws 1977, Chapter 68; Session Laws 1977, Chapter 636.

Caldwell: Former G.S. 113-122; Session Laws 1965, Chapter 608, as amended by Session Laws 1977, Chapter 68; Session Laws 1977, Chapter 636; Session Laws 1979, Chapter 507.

Camden: Session Laws 1955, Chapter 362 (to the extent it applies to inland fishing waters); Session Laws 1967, Chapter 441; Session Laws 1979, Chapter 582.

Carteret: Session Laws 1955, Chapter 1036; Session Laws 1977, Chapter 695.

Caswell: Public-Local Laws 1933, Chapter 311; Public-Local Laws 1937, Chapter 411.

Catawba: Former G.S. 113-111, as amended by Session Laws 1955, Chapter 1037.

Chatham: Public-Local Laws 1937, Chapter 236; Session Laws 1963, Chapter 271.

Chowan: Session Laws 1979, Chapter 184; Session Laws 1979, Chapter 582.

Cleveland: Public Laws 1907, Chapter 388; Session Laws 1951, Chapter 1101; Session Laws 1979, Chapter 146; Session Laws 1979, Chapter 587.

Columbus: Session Laws 1951, Chapter 492, as amended by Session Laws 1955, Chapter 506.

Craven: Session Laws 1971, Chapter 273, as amended by Session Laws 1971, Chapter 629.

Cumberland: Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 471.

Currituck: Session Laws 1959, Chapter 545; Session Laws 1977, Chapter 494; Session Laws 1979, Chapter 582.

Dare: Session Laws 1973, Chapter 258; Session Laws 1973, Chapter 259; Session Laws 1979, Chapter 582.

Davie: Former G.S. 113-111, as amended by Session Laws 1947, Chapter 333.

Duplin: Session Laws 1965, Chapter 774; Session Laws 1973, (Second Session 1974), Chapter 1266; Session Laws 1979, Chapter 466.

Edgecombe: Session Laws 1961, Chapter 408.

Gates: Session Laws 1959, Chapter 298; Session Laws 1973, Chapter 124, amending Session Laws 1969, Chapter 121; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748.

Granville: Session Laws 1963, Chapter 670.

Greene: Session Laws 1975, Chapter 219; Session Laws 1979, Chapter 360.

Halifax: Public-Local Laws 1929, Chapter 571, Section 3 (with respect to fox- hunting seasons); Session Laws 1947, Chapter 954; Session Laws 1955, Chapter 1376; Session Laws 1959, Chapter 1304.

Harnett: Former G.S. 113-111, as modified by Session Laws 1977, Chapter 636.

Haywood: Former G.S. 113-111, as modified by Session Laws 1963, Chapter 322.

Henderson: Former G.S. 113-111.

Hertford: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67.

Hoke: Session Laws 1963, Chapter 267.

Hyde: Public-Local Laws 1929, Chapter 354, Section 1 (as it relates to foxes); Session Laws 1951, Chapter 932; Session Laws 1977, Chapter 412.

Iredell: Session Laws 1979, Chapter 577.

Jackson: Session Laws 1965, Chapter 765; Session Laws 1971, Chapter 424.

Jones: Session Laws 1979, Chapter 441.

Lee: Session Laws 1963, Chapter 271; Session Laws 1977, Chapter 636.

1048

Lenoir: Session Laws 1979, Chapter 441.

Lincoln: Public-Local Laws 1925, Chapter 449, Sections 1 and 2; Session Laws 1955, Chapter 878.

Madison: Public-Local Laws 1925, Chapter 418, Section 4; Session Laws 1951, Chapter 1040.

Martin: Session Laws 1955, Chapter 1376; Session Laws 1977, Chapter 636; Session Laws 1979, Chapter 568.

Mitchell: Session Laws 1965, Chapter 608, as amended by Session Laws 1977, Chapter 68.

Montgomery: Session Laws 1955, Chapter 692; Session Laws 1977 (Second Session 1978), Chapter 1142.

Moore: Session Laws 1955, Chapter 692.

Nash: Session Laws 1961, Chapter 408.

New Hanover: Public-Local Laws 1917, Chapter 673; Session Laws 1971, Chapter 559; Session Laws 1975, Chapter 95.

Northampton: Session Laws 1955, Chapter 1376; Session Laws 1959, Chapter 1304; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67; Session Laws 1979, Chapter 548.

Onslow: Public-Local Laws 1939, Chapter 606.

Orange: Public-Local Laws 1913, Chapter 547.

Pamlico: Session Laws 1977, Chapter 636.

Pasquotank: Session Laws 1979, Chapter 582.

Pender: Session Laws 1961, Chapter 333; Session Laws 1967, Chapter 229; Session Laws 1969, Chapter 258, as amended by Session Laws 1973, Chapter 420; Session Laws 1977, Chapter 585; Session Laws 1977, Chapter 805; Session Laws 1979, Chapter 546.

Perquimans: Former G.S. 113-111; Session Laws 1973, Chapter 160; Session Laws 1973, Chapter 264; Session Laws 1979, Chapter 582.

Polk: Session Laws 1975, Chapter 397; Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167; Session Laws 1979, Chapter 146.

Randolph: Public-Local Laws 1919, Chapter 76; Public-Local Laws 1941, Chapter 246; Session Laws 1947, Chapter 920.

Robeson: Public-Local Laws 1924 (Extra Session), Chapter 92; Session Laws 1961, Chapter 348.

Rockingham: Former G.S. 113-111; Public-Local Laws 1933, Chapter 310..

Rowan: Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 106, and Session Laws 1977, Chapter 500; Session Laws 1979, Chapter 578.

Rutherford: Session Laws 1973, Chapter 114; Session Laws 1975, Chapter 397; Session Laws 1979, Chapter 146.

Sampson: Session Laws 1979, Chapter 373.

Scotland: Session Laws 1959, Chapter 1143; Session Laws 1977, Chapter 436.

Stokes: Former G.S. 113-111; Public-Local Laws 1933, Chapter 310; Session Laws 1977, Chapter 434; Session Laws 1979, Chapter 578.

Surry: Public-Local Laws 1925, Chapter 474, Section 6 (as it pertains to fox seasons); Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.

Swain: Public-Local Laws 1935, Chapter 52; Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238, as modified by Session Laws 1949, Chapter 228; Session Laws 1953, Chapter 270; Session Laws 1965, Chapter 765.

Transylvania: Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238.

Tyrrell: Former G.S. 113-111; Session Laws 1953, Chapter 685; Session Laws 1979, Chapter 582.

Wake: Session Laws 1973 (Second Session 1974), Chapter 1382.

Washington: Session Laws 1947, Chapter 620; Session Laws 1979, Chapter 582.

Wayne: Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 342, as amended by Session Laws 1977, Chapter 43; Session Laws 1975, Chapter 343, as amended by Session Laws 1977, Chapter 45; Session Laws 1977, Chapter 695.

Wilkes: Former G.S. 113-111, as amended by Session Laws 1971, Chapter 385; Session Laws 19851, Chapter 665; Session Laws 1973, Chapter 106; Session Laws 1979, Chapter 507.

Yadkin: Former G.S. 113-111, as amended by Session Laws 1953, Chapter 199; Session Laws 1979, Chapter 507.

Yancey: Session Laws 1965, Chapter 522.

(f)         The Wildlife Resources Commission is directed to review periodically all local acts affecting conservation of wildlife resources and notify local authorities and the General Assembly as to those that:

(1)        Substantially duplicate provisions of this Subchapter.

(2)        Seriously conflict with conservation policies set out in this Subchapter.

(3)        Seriously conflict with conservation policies developed for the people of this State as a whole by the Wildlife Resources Commission.

"§ 113-134.  Regulations. — (No change.)

"§ 113-134.1.  Jurisdiction over marine fisheries resources in Atlantic Ocean. — The department is directed to exercise all enforcement and regulatory authority over the conservation of marine fisheries resources in the Atlantic Ocean to the seaward extent of the State jurisdiction over the resources as now or hereafter defined. Marine fisheries inspectors may enforce these regulations and all other provisions of law applicable under the authority granted in this section in the same manner and with the same powers elsewhere granted them as enforcement officers.

"§ 113-135.  General penalties for violating Subchapter or regulations; increased penalty for prior convictions; interpretive provisions. — (a) Any person who violates any provision of this Subchapter or any regulation adopted by the Marine Fisheries Commission or the Wildlife Resources Commission, as appropriate, pursuant to the authority of this Subchapter, is guilty of a misdemeanor except that punishment for violation of the regulations of the Wildlife Resources Commission is limited as set forth in G.S. 113-135.1. Unless a different level of punishment is elsewhere set out, anyone convicted of a misdemeanor under this section is punishable as follows:

(1)        For a first conviction, a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) or imprisonment not to exceed 30 days.

(2)        For a second or subsequent conviction within three years, a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), imprisonment not to exceed 90 days, or both.

(b)        In interpreting this section, provisions elsewhere in this Subchapter making an offense a misdemeanor 'punishable in the discretion of the court' must be considered to set a different level of punishment, to be interpreted in the light of G.S. 14-3 or any equivalent or successor statute. Noncriminal sanctions, however, such as license revocation or suspension, and exercise of powers auxiliary to criminal prosecution, such as seizure of property involved in the commission of an offense, do not constitute different levels of punishment so as to oust criminal liability. Any previous conviction of an offense under this Subchapter, or under regulations authorized by it, serves to increase the punishment under subsection (a) even though for a different offense than the second or subsequent one.

(c)        For the purposes of this Subchapter, violations of laws or regulations administered by the Wildlife Resources Commission under any former general or local law replaced by the present provisions of this Subchapter are deemed to be violations of laws or regulations under this Subchapter.

"§ 113-135.1.  Limitation upon penalty for offense created by regulations of Wildlife Resources Commission in certain instances. — (a) To prevent unsuspecting members of the public from being subject to harsh criminal penalties for offenses created by regulations of the Wildlife Resources Commission, the penalty for an offense which is solely a violation of regulations of the Wildlife Resources Commission is limited to a fine of ten dollars ($10.00) except that offenses set out in Section (b) are punished as set forth in G.S. 113-135 or other sections.

(b)        The limitation upon penalty does not apply to any regulation violation:

(1)        punishable under G.S. 113-294 or otherwise involving aggravating elements which result in a greater punishment than provided by G.S. 113‑135;

(2)        which involves a defendant subject to the collection-license provisions of G.S. 113-272.4 or who is a dealer as defined in G.S. 113-273; or

(3)        relating to seasons, bag limits, creel limits, taking fish other than with hook and line, buying or selling wildlife, possessing or transporting live wildlife, taking wildlife at night or with the aid of a conveyance, or falconry.

"§ 113-136.  Enforcement authority of inspectors and protectors; refusal to obey or allow inspection by inspectors and protectors. — (a) Inspectors and protectors are granted the powers of peace officers anywhere in this State, and beyond its boundaries to the extent provided by law, in enforcing all matters within their respective subject-matter jurisdiction as set out in this section.

(b)        The jurisdiction of inspectors extends to all matters within the jurisdiction of the department set out in this Subchapter, Part 5 of Article 7 of Chapter 143B of the General Statutes, and Article 2 of Chapter 77 of the General Statutes, and to all other matters within the jurisdiction of the department which it directs inspectors to enforce. In addition, inspectors have jurisdiction over all offenses involving property of or leased to or managed by the department in connection with the conservation of marine and estuarine resources.

(c)        The jurisdiction of protectors extends to all matters within the jurisdiction of the Wildlife Resources Commission, whether set out in this Chapter, Chapter 75A, Chapter 143, Chapter 143B, or elsewhere. The Wildlife Resources Commission is specifically granted jurisdiction over all aspects of:

(1)        boating and water safety;

(2)        hunting and trapping;

(3)        fishing, exclusive of fishing under the jurisdiction of the Marine Fisheries Commission; and

(4)        activities in woodlands and on inland waters governed by G.S. 113-60.1 to G.S. 113-60.3.

In addition, protectors have jurisdiction over all offenses involving property of or leased by the Wildlife Resources Commission or occurring on wildlife refuges, game lands, or boating and fishing access areas managed by the Wildlife Resources Commission. The authority of protectors over offenses on public hunting grounds is governed by the jurisdiction granted the Commission in G.S. 113-264(c).

(d)        (No change.)

(e)        Inspectors and protectors may serve arrest warrants, search warrants, orders for arrest, criminal summonses, subpoenas, and all other process connected with any cases within their subject-matter jurisdiction. In the exercise of their law enforcement powers, inspectors are subject to provisions relating to police officers in general set out in Chapter 15, Chapter 15A, and elsewhere.

(f)         (No change.)

(g)        (No change.)

(h)        (Repealed.)

(i)         (Repealed.)

(j)         The refusal of any person to stop in obedience to the directions of an inspector or protector acting under the authority of this section is unlawful. A violation of this subsection is punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), imprisonment not to exceed 30 days, or both.

(k)        It is unlawful to refuse to exhibit upon request by any inspector, protector, or other law enforcement officer any item required to be carried by any law or regulation as to which inspectors or protectors have enforcement jurisdiction. The items that must be exhibited include boating safety or other equipment or any license, permit, tax receipt, certificate, or identification. It is unlawful to refuse to allow inspectors, protectors, or other law enforcement officers to inspect weapons, equipment, fish, or wildlife that the officer reasonably believes to be possessed incident to an activity regulated by any law or regulation as to which inspectors and protectors have enforcement jurisdiction.

(l)         (No change.)

"§ 113-137.  Search on arrest; seizure and confiscation of property; disposition of confiscated property. — (a) (No change.)

(b)        (No change.)

(c)        (No change.)

(d)        The Marine Fisheries Commission and the Wildlife Resources Commission may provide by regulation for summary disposition of live or perishable fish or wildlife seized by an inspector or protector. If the property seized consists of live fish which may again be placed to the benefit of the public on public fishing bottoms or in public waters, the inspector or protector may require the person in possession of the seized live fish to transport it the distance necessary to effect placement on appropriate bottoms or waters. In the event of refusal by the person in question to transport the fish, the inspector or protector must take appropriate steps to effect the transportation. The steps may include seizure of any conveyance or vessel of the person refusing to transport the fish if the conveyance or vessel was one on which the fish were located or was used to take or transport the fish. When a conveyance or vessel is seized, it is to be safeguarded by the inspector or protector seizing it pending trial and it becomes subject to the orders of the court. Transportation costs borne by the department or by the Wildlife Resources Commission, as the case may be, may be collected by the agency from the proceeds of the sale of any other property of the defendant seized and sold in accordance with the provisions of this section.

Except as provided in subsection (g), when the seizure consists of edible fish or wildlife which is not alive, may not live, or may not otherwise benefit conservation objectives if again placed on open lands, on public fishing bottoms, or in public fishing waters, the inspector or protector must dispose of the property in a charitable or noncommercial manner in accordance with the directions of his administrative superiors.

(e)        (No change.)

(f)         (No change.)

(g)        (No change.)

(h)        (No change.)

(i)         Upon conviction of any defendant for a violation of the laws or regulations administered by the department or the Wildlife Resources Commission under the authority of this Subchapter, the court in its discretion may order the confiscation of all weapons, equipment, vessels, conveyances, fish, wildlife, and other evidence, fruits, and instrumentalities of the offense in question, whether or not seized or made subject to the orders of the court pending trial. If the confiscated property is lawfully saleable, it must be sold; otherwise it must be disposed of in a manner authorized in this section. Unless otherwise specified in the order of the court, sales are to be held by the department or the Wildlife Resources Commission, as the case may be.

The department and the Wildlife Resources Commission may administratively provide for an orderly public sale procedure of property which it may sell under this section. The procedure may include turning the property to be sold over to some other agency for sale, provided that the provisions of subsection (j) are complied with and there is proper accounting for the net proceeds of the sale. In the case of property that cannot lawfully be sold or is unlikely to sell for a sufficient amount to offset the costs of sale, the department and the Wildlife Resources Commission may provide either for destruction of the property or legitimate utilization of the property by some public agency.

(j)         Except as provided in subsection (d), if property is seized under subsection (c) or it appears that a person not a defendant has an interest in any property to be sold, destroyed, or otherwise disposed of, the department and the Wildlife Resources Commission must provide for public notice of the description of the property and the circumstances of its seizure for a sufficient period prior to the time set for sale or other disposition to allow innocent owners or lienholders to assert their claims. The validity of claims are to be determined by the trial court in the event there is or has been a prosecution in connection with the seizure of the property. If there has been no prosecution and none is pending, the validity of claims must be determined by the secretary or by the executive director, as the case may be. When there has been a sale under subsection (g), the provisions of this subsection apply to the net proceeds of the sale.

(k)        Except as provided in subsection (j) and in subdivision (3) of the first paragraph of subsection (e), the net proceeds of all sales made pursuant to this section must be deposited in the school fund of the county in which the property was seized.

"§ 113-138.  Enforcement jurisdiction of special officers. — (No change.)

"§ 113-139.  Search warrants. (Repealed.)

G.S. 113-140 to G.S. 113-150. (Reserved for future codification purposes.)

Articles 14 through 19. (No change.)

"ARTICLE 20.

"Miscellaneous Regulatory Provisions.

"§ 113-261.  Taking fish and wildlife for scientific purposes; permits to take in normally unauthorized manner; cultural and scientific operations. — (a) The department, the Wildlife Resources Commission, and agencies of the United States with jurisdiction over fish and wildlife are hereby granted the right to take marine, estuarine, and wildlife resources within the State, to conduct fish cultural operations and scientific investigations in the several waters of North Carolina, to survey fish and wildlife populations in the State, to conduct investigations to determine the status and requirements for survival of resident species of fish and wildlife, to propagate animals, birds, and fish, and to erect fish hatcheries and fish propagating plants without regard to any licensing or permit requirements of this Subchapter.

(b)        The department with respect to fish in coastal fishing waters and the Wildlife Resources Commission with respect to wildlife may provide for the issuance of permits, on such terms as they deem just and in the best interests of conservation, authorizing persons to take such fish or wildlife through the use of drugs, poisons, explosives, electricity, or any other generally prohibited manner. Such permits need not be restricted solely to victims of depredations or to scientific or educational institutions, but should be issued only for good cause. No permit to take wildlife other than fish by means of poison may be issued, however, unless the provisions of Article 22A are met.

(c)        The department, the Wildlife Resources Commission, and agencies of the United States with jurisdiction over fish and wildlife may, as necessary in their legitimate operations, take fish and wildlife in a manner generally prohibited by this Subchapter or by regulations made under the authority of this Subchapter.

"§ 113-262.  Taking fish or wildlife by poisons, drugs, explosives or electricity prohibited; exceptions; possession of illegally killed fish or wildlife prohibited. — (a) Except as otherwise provided in this Subchapter, or in regulations permitting use of electricity to take certain fish, it is a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), imprisonment not to exceed 90 days, or both to take any fish or wildlife through the use of poisons, drugs, explosives, or electricity. This subsection does not apply to any person lawfully using any poison or pesticide under the Structural Pest Control Act of North Carolina of 1955, as amended, or the North Carolina Pesticide Law of 1971, as amended.

(b)        Except under a valid permit it is unlawful to possess any fish or wildlife:

(1)        bearing evidence of having been taken in violation of subsection (a); or

(2)        with knowledge or reason to believe that the fish or wildlife was taken in violation of subsection (a).

"§ 113-263.  Inspecting plans and specifications of dams. — (No change.)

"§ 113-264.  Regulatory power over property of agency; public hunting grounds. (a) The department and the Wildlife Resources Commission are granted the power by regulation to license, regulate, prohibit, or restrict the public as to use and enjoyment of, or harm to, any property of the department or the Wildlife Resources Commission, and may charge the public reasonable fees for access to or use of such property. 'Property' as the word is used in this section is intended to be broadly interpreted and includes lands, buildings, vessels, vehicles, equipment, markers, stakes, buoys, posted signs and other notices, trees and shrubs and artificial constructions in boating and fishing access areas, game lands, wildlife refuges, public waters, public mountain trout waters, and all other real and personal property owned, leased, controlled, or cooperatively managed by either the department or the Wildlife Resources Commission.

(b)        Wilful removal of, damage to, or destruction of any property of the department or the Wildlife Resources Commission is a misdemeanor punishable in the discretion of the court.

(c)        The Wildlife Resources Commission may cooperate with private landowners in the establishment of public hunting grounds. It may provide for the posting of these areas and of restricted zones within them, require that authorized hunters obtain written permission from the owner to hunt, enforce general laws concerning trespass by hunters and concerning damage or injurious activities by hunters and by others carrying weapons on or discharging weapons across public hunting grounds or restricted zones.

"§ 113-265.  Obstructing or polluting flow of water into hatchery, throwing fish offal into waters; robbing or injuring nets, seines, buoys, etc. — (No change.)

"§ 113-266.  (Reserved for future codification purposes.)

"§ 113-267.  Replacement costs of marine, estuarine, and wildlife resources; regulations authorized; prima facie evidence. — To provide information to the courts and other officials taking action under G.S. 15A-1343(b)(16b), under G.S. 143-215.3(a)(7), or under any other pertinent authority of law, the Marine Fisheries Commission and the Wildlife Resources Commission are authorized to adopt regulations setting forth the factors that should be considered in determining the replacement costs of fish and wildlife and other marine, estuarine, and wildlife resources that have been taken, injured, removed, harmfully altered, damaged, or destroyed. The Marine Fisheries Commission and the Wildlife Resources Commission may make similar regulations respecting costs of investigations required by G.S. 143-215.3(a)(7) or which are made pursuant to a court order. For common offenses resulting in the destruction of marine, estuarine, and wildlife resources the Marine Fisheries Commission and the Wildlife Resources Commission may adopt schedules of costs which reasonably state the likely replacement costs and necessary investigative costs when appropriate. Regulations of the Marine Fisheries Commission and the Wildlife Resources Commission stating scheduled costs or cost factors must be treated as prima facie evidence of the actual costs, but do not prevent a court or jury from examining the reasonableness of the regulations or from assessing the special factors in a case which may make the true costs either higher or lower than the amount stated in the regulations. The term 'replacement costs' must be broadly construed to include indirect costs of replacement through habitat improvement or restoration, establishment of sanctuaries, and other recognized conservation techniques when direct stocking or replacement is not feasible.

G.S. 113-268 to G.S. 113-270. (Reserved for future codification purposes.)

"ARTICLE 21.

"Licenses and Permits Issued by the Wildlife Resources Commission.

"§ 113-270.1.  License agents. — (a) The Wildlife Resources Commission may by regulation provide for the annual appointment of persons as license agents to sell licenses which it is authorized to issue by this Subchapter or by any other provisions of law. To facilitate the convenience of the public, the efficiency of administration, the need to keep statistics and records affecting the conservation of wildlife resources, boating, water safety, and other matters within the jurisdiction of the Wildlife Resources Commission, and the need to issue licenses containing special restrictions, the Wildlife Resources Commission may issue licenses in any particular category through:

(1)        License agents.

(2)        The Wildlife Resources Commission's headquarters.

(3)        Employees of the Wildlife Resources Commission.

(4)        Two or more such sources simultaneously.

When there are substantial reasons for differing treatment, the Wildlife Resources Commission may issue a type of license by one method in one locality and by another method in another locality.

(b)        License agents may deduct from the amount collected for each license a fee of:

(1)        Twenty-five cents (25¢) for selling licenses that cost less than five dollars ($5.00).

(2)        Fifty cents (50¢) for selling licenses that cost five dollars ($5.00) or more but less than twenty-five dollars ($25.00).

(3)        One dollar ($1.00) for selling licenses that cost twenty-five dollars ($25.00) or more.

(c)        The Wildlife Resources Commission may provide qualifications and standards concerning license agents and delegate to the executive director the task of appointment and supervision. Annual appointments run from May 1 to April 30 each year. The Wildlife Resources Commission may require license agents to post bonds, keep records and make reports concerning licenses and receipts, be subject to such audits and inspections as may be necessary, pay penalities up to ten percent (10%) upon receipts as to which there is serious delay in remittance, and pay a penalty of five percent (5%) on any worthless checks given the Wildlife Resources Commission. The minimum penalty for a worthless check, however, is five dollars ($5.00), and the maximum penalty is two hundred dollars ($200.00).

(d)        The Wildlife Resources Commission may make regulations in implementing the authority granted in subsection (c), but it need not set out in its regulations details as to forms of license, records and accounting procedures, and other reasonable requirements that may be administratively promulgated by employees of the Wildlife Resources Commission in implementation of the purposes of this Article in order for such administrative requirements to be deemed validly required. It is a misdemeanor punishable in the discretion of the court for a license agent:

(1)        to withhold or misappropriate funds from the sale of licenses;

(2)        to falsify records of licenses sold;

(3)        wilfully and knowingly to assist or allow a person to obtain a license for which he is ineligible;

(4)        wilfully to issue a backdated license;

(5)        wilfully on records or licenses to include false information or omit material information as to:

a.         a person's entitlement to a particular license; or

b.         the applicability or term of a particular license; or

(6)        to refuse to return all consigned licenses, or to remit the net value of consigned licenses sold or unaccounted for, upon demand from an authorized employee of the Wildlife Resources Commission.

(e)        The executive director may temporarily suspend, revoke, or refuse to renew a person's appointment as a license agent if he fails in a timely manner to submit required reports, remit monies due the Wildlife Resources Commission, or otherwise comply with the qualifications and standards set by the Wildlife Resources Commission or with reasonable administrative directives of the executive director. The temporary suspension is effective immediately upon communication of that fact to the license agent or his representative handling the licenses. The communication as to suspension must state the grounds for suspension and that the license agent may request a hearing within five working days if he contests the grounds for suspension. If not in writing, the communication must be followed by written notice of suspension containing the same information. By personal service of an impoundment order upon a license agent or his representative handling the licenses, an employee or agent of the Wildlife Resources Commission may enter the premises and impound all licenses, monies, record books, reports, license forms, and other documents, ledgers, and materials pertinent or apparently pertinent to the license agency being suspended. The executive director must make the impounded property, or copies of it, available to the licensee during the period of temporary suspension.

(f)         If a hearing is requested, it is before the executive director or his designee to be held at Raleigh or some other place convenient to the parties specified by the executive director. The temporary suspension remains in effect until the hearing, and after the hearing may be rescinded or continued in effect, as the facts warrant, in the discretion of the executive director. A temporary suspension may not last longer than 30 days, but additional suspensions may be imposed if at the end of the suspension period the license agent is still not in compliance with appropriate standards, qualifications, and administrative directives. A license agent may at any time after a hearing appeal his suspension to the Wildlife Resources Commission.

(g)        Notice of revocation or nonrenewal of the appointment may be sent the license agent in lieu of or in addition to temporary suspension. The notice must state the grounds for termination of the appointment and the license agent's right to a hearing if he has not previously been afforded one. If the appointment is to be revoked, the notice must state the effective date and hour of revocation. If the appointment is not to be renewed, the notice must state that the appointment expires at midnight on April 30. If he has not been previously afforded a hearing, a license agent is entitled to a hearing within 14 days before the executive director or his designee to be held at Raleigh or some other place convenient to the parties specified by the executive director. After the hearing, the executive director, applying appropriate standards, must take the action with respect to the appointment as license agent that the facts warrant. If the executive director upholds the decision to terminate the appointment, a license agent may appeal his termination to the Wildlife Resources Commission. Pending the hearing and any appeal from it, the termination is held in abeyance, but no license sales may be made once the license agent's bond has expired.

(h)        Upon termination of the appointment, the former agent must return to the Wildlife Resources Commission all record books, reports, license forms, monies, and other property pertaining to the license agency, and must allow agents of the Wildlife Resources Commission to conduct necessary inspections and audits required in terminating the license agency. Each day's refusal after termination to return, upon demand, the record books, reports, license forms, monies, and other property pertaining to the license agency is a separate offense. Each instance of refusal, after termination, to allow agents of the Wildlife Resources Commission to conduct necessary inspections and audits during regular business hours is a separate offense. A violation of this subsection is a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00), imprisonment not to exceed 90 days, or both. Before termination, violations by license agents are punishable under G.S. 113-135, subsection (d) above, or other provision of this Subchapter, as appropriate.

(i)         No person denied appointment or whose appointment was terminated under this section is eligible to apply again for an appointment as a license agent for two years. Upon application, the executive director may not grant the appointment as license agent unless the applicant produces clear evidence, convincing to the executive director, that he meets all standards and qualifications and will comply with all requirements of statutes, regulations, and reasonable administrative directives pertaining to license agents.

(j)         The executive director or his designee holding any hearing under this section must keep a written record of evidence considered and findings made. Upon appeal to the Wildlife Resources Commission, the commission chairman or other presiding officer must cause such a written record of evidence and findings to be made and kept. Hearings and appeals under this section are internal matters concerning license agents of the Wildlife Resources Commission and are not governed by the North Carolina Administrative Procedure Act.

"§ 113-270.2.  Hunting licenses. — (a) Except as otherwise specifically provided by law, no one may take wild animals or wild birds without having first procured a current and valid hunting license.

(b)        Except when indicated otherwise, all hunting licenses are annual licenses issued beginning August 1 each year running until the following July 31.

(c)        The hunting licenses issued by the Wildlife Resources Commission are as follows:

(1)        Resident sportsman combination license — $25.00. This license is valid only for use by an individual resident of the State.

(2)        Resident combination hunting-fishing license — $10.00. This license is valid only for use by an individual resident of the State.

(3)        Resident State hunting license — $7.50. This license is valid only for use by an individual resident of the State.

(4)        Resident county hunting license — $3.50. This license is valid for use by an individual resident of the State within the county in which he resides.

(5)        Controlled shooting preserve hunting license — $10.00. This license is valid only for use by an individual hunting in special controlled shooting preserves licensed in accordance with this Subchapter.

(6)        Nonresident sportsman combination license — $50.00. This license is valid for use by an individual within the State.

(7)        Nonresident State hunting license — $25.00. This license is valid for use by an individual within the State.

(8)        Nonresident six-day hunting license — $20.00. This license is valid only for use on six consecutive hunting days by an individual within the State. Consecutive hunting days do not include Sundays except on military reservations where Sunday hunting is permitted.

(9)        Disabled veteran lifetime combination hunting-fishing license — $7.50. This license is valid only for use by an individual resident of the State who is a fifty percent (50%) or more disabled war veteran as determined by the Veterans Administration. The license is valid for the life of the individual so long as he remains fifty percent (50%) or more disabled.

(10)      (Reserved.)

(11)      Age 70 lifetime combination hunting-fishing license — $10.00. This license is valid only for use by an individual resident of the State who has attained the age of 70 years. The license is valid for the life of the individual.

(12)      Totally disabled resident combination hunting- fishing license — $7.50. This license is valid only for use by an individual resident of the State who is totally disabled (physically incapable of being gainfully employed). This license is valid for the life of the individual so long as he remains totally disabled.

(d)        One dollar ($1.00) of each nonresident State hunting license and nonresident six-day hunting license sold must be set aside by the Wildlife Resources Commission and contributed to a proper agency or agencies in the United States for expenditure in Canada for the propagation, management, and control of migratory waterfowl.

"§ 113-270.3.  Special activity licenses; big game kill reports. — (a) In addition to any hunting, trapping, or fishing license that may be required, individuals engaging in specially regulated activities must have the appropriate special activity license prescribed in this section before engaging in the regulated activity. Special activity licenses are annual licenses issued beginning August 1 each year running until the following July 31.

(b)        The special activity licenses issued by the Wildlife Resources Commission are as follows:

(1)        Resident big game hunting license — $3.50. This license is valid only for use by an individual resident of the State and must be procured before taking any big game within the State.

(2)        Nonresident big game hunting license — $15.00. This license is valid for use by an individual within the State and, unless the resident big game hunting license has been validly procured, must be procured before taking any big game within the State.

(3)        Primitive weapons hunting license — $5.00. This license is valid for use by an individual within the State and must be procured before taking any wild animals or birds with a primitive weapon during any special season for hunting with primitive weapons established by the Wildlife Resources Commission. During the regular season, a primitive weapon may be used without any special license unless its use is prohibited. For the purposes of this section a 'primitive weapon' includes a bow and arrow, muzzle-loading firearm, and any other primitive weapon specified in the regulations of the Wildlife Resources Commission.

(4)        Game land license — $8.00. This license is valid for use by an individual within the State and must be procured before hunting or trapping on game lands or fishing in managed waters on game lands. Managed waters include public mountain trout waters and other public waters, or private ponds, lying wholly or partly on game lands and designated as managed waters by the Wildlife Resources Commission. Possession of this license does not exempt its holder from payment of any applicable special use fees that may be prescribed by the Wildlife Resources Commission under the authority of G.S. 113-264(a), such as fees for field trials on game lands.

(5)        Falconry license. — $10.00. This license is valid for use by an individual within the State and must be procured before:

a.         taking, importing, transporting, or possessing a raptor; or

b.         taking wildlife by means of falconry.

      The Wildlife Resources Commission may issue classes of falconry licenses necessary to participate in the Federal/State permit system, require necessary examinations before issuing licenses or permits to engage in various authorized activities related to possession and maintenance of raptors and the sport of falconry, and regulate licensees as required by governing federal law and regulations. To defray the costs of administering required examinations, the Wildlife Resources Commission may charge reasonable fees upon giving them. To meet minimum federal standards plus other State standards in the interests of conservation of wildlife resources, the Wildlife Resources Commission may impose all necessary controls, including those set out in the sections pertaining to collection licenses and captivity licenses, and may issue permits and require reports, but no collection license or captivity license is needed in addition to the falconry license.

(c)        Any individual who kills any species of big game must report the kill to the Wildlife Resources Commission. The commission may by regulation prescribe the method of making the report, prescribe its contents, and require positive identification of the carcass of the kill, by tagging or otherwise.

(d)        Any individual who possesses a current and valid resident or nonresident sportsman combination license may at lawful times and places engage in any specially regulated activity without any of the licenses required by subdivisions (1) through (4) of subsection (b).

"§ 113-270.4.  Hunting guide license. — (a) No one may serve for hire as a hunting guide without having first procured a current and valid hunting guide license. This license is valid only for use by an individual resident of the State meeting the criteria set by the Wildlife Resources Commission for issuance of the license. Possession of the hunting guide license does not relieve the guide from meeting other applicable license requirements.

(b)        The hunting guide license is an annual license issued upon payment of five dollars and twenty-five cents ($5.25) beginning August 1 each year running until the following July 31.

(c)        The Wildlife Resources Commission may by regulation provide for the qualifications and duties of hunting guides. In implementing this section, the Wildlife Resources Commission may delegate to the executive director and his subordinates administrative responsibilities concerning the selection and supervision of hunting guides, except that provisions relating to revocation of hunting guide licenses must be substantially set out in the regulations of the Wildlife Resources Commission.

"§ 113-270.5.  Trapping licenses. — (a) Except as otherwise specifically provided by law, no one may take fur-bearing animals by trapping, or by any other authorized special method that preserves the pelt from injury, without first having procured a current and valid trapping license. When the trapping license is required, it serves in lieu of a hunting license in the taking of fur-bearing animals. If fur-bearing animals are taken as game, at the times and by the hunting methods that may be authorized, hunting license requirements apply. All trapping licenses are annual licenses issued beginning August 1 each year running until the following July 31.

(b)        The trapping licenses issued by the Wildlife Resources Commission are as follows:

(1)        Resident State trapping license — $10.00. This license is valid only for use by an individual resident of the State.

(2)        Resident county trapping license — $5.00. This license is valid only for use by an individual resident of the State within the county in which he resides.

(3)        Nonresident State trapping license — $60.00. This license is valid for use by an individual within the State.

"§ 113-271.  Hook-and-line licenses in inland fishing waters. (a) (No change.)

(b)        Except when indicated otherwise, all hook-and-line fishing licenses are annual licenses. Annual fishing licenses, except for the sportsman combination licenses and the resident combination hunting-fishing license, are issued beginning January 1 each year running until the following December 31.

(c)        (Repealed.)

(d)        The hook-and-line fishing licenses issued by the Wildlife Resources Commission are as follows:

(1)        (Repealed.)

(1a)      Resident sportsman combination license — $25.00. This license is valid only for use by an individual resident of the State. It is valid during the period set for annual hunting licenses in G.S. 113-270.2.

(2)        Resident combination hunting-fishing license — $10.00. This license is valid only for use by an individual resident of the State. It is valid during the period set for annual hunting licenses in G.S. 113-270.2.

(2a)      Resident State fishing license — $7.50. This license is valid only for use by an individual resident of the State.

(3)        Resident county fishing license — $3.50. This license is valid only for use by an individual resident of the State within the county in which he resides.

(4)        Resident three-day fishing license — $3.00. This license is valid only for use on three consecutive days by an individual resident of the State.

(4a)      Nonresident sportsman combination license — $50.00. This license is valid for use by an individual within the State. It is valid during the period set for annual hunting licenses in G.S. 113-270.2.

(5)        Nonresident State fishing license — $12.50. This license is valid for use by an individual within the State.

(6)        Nonresident three-day fishing license — $5.50. This license is valid only for use on three consecutive days by an individual within the State.

(7)        (Repealed.)

(8)        Lifetime fishing license for the legally blind — No charge. This license is valid only for use by an individual resident of the State who has been certified by the Department of Human Resources as a person whose vision with glasses is insufficient for use in ordinary occupations for which sight is essential. This license is valid for the life of the individual so long as he remains legally blind.

(9)        Disabled veteran lifetime combination hunting-fishing license — $7.50. This license is valid only for use by an individual resident of the State who is a fifty percent (50%) or more disabled war veteran as determined by the Veterans Administration. The license is valid for the life of the individual so long as he remains fifty percent (50%) or more disabled.

(10)      (Reserved.)

(11)      Age 70 lifetime combination hunting-fishing license — $10.00. This license is valid only for use by an individual resident of the State who has attained the age of 70 years. The license is valid for the life of the individual.

(12)      Totally disabled resident combination hunting-fishing license — $7.50. This license is valid only for use by an individual resident of the State who is totally disabled (physically incapable of being gainfully employed). This license is valid for the life of the individual so long as he remains totally disabled.

"§ 113-272.  Special trout licenses. — (a) (No change.)

(b)        Except as otherwise indicated, special trout licenses are annual licenses issued beginning January 1 each year running until the following December 31.

(c)        Public mountain trout waters are those waters so designated by the Wildlife Resources Commission which are managed and regulated to sustain a mountain trout fishery.

(d)        The special trout licenses issued by the Wildlife Resources Commission are as follows:

(1)        (Repealed.)

(1a)      Resident sportsman combination license — $25.00.

      This license is valid in public mountain trout waters for use only by an individual resident of the State. It is valid during the period set for annual hunting licenses in G.S. 113-270.2.

(1b)      Resident special trout license — $3.25. This license is valid only for use by an individual resident of the State in public mountain trout waters.

(1c)      Nonresident sportsman combination license — $50.00. This license is valid for use by an individual within the State in public mountain trout waters. It is valid during the period set for annual hunting licenses in G.S. 113-270.2.

(2)        Nonresident special trout license — $6.25. This license is valid for use by an individual within the State in public mountain trout waters.

(3)        Lifetime fishing license for the legally blind — No charge. This license is valid in public mountain trout waters for use only by an individual resident of the State. It is issued upon the terms set out in G.S. 113-271(d)(8).

"§ 113-272.1.  Sportsman's combination license. — (Repealed.)

"§ 113-272.2.  Special device licenses. (a) Except as otherwise specifically provided by law, no one may fish in inland fishing waters with any special device without having first procured a current and valid special device license. Special devices are all devices used in fishing other than hook and line.

(b)        All special device licenses are annual licenses issued beginning January 1 each year running until the following December 31.

(c)        The special device licenses issued by the Wildlife Resources Commission are as follows:

(1)        Resident special device license — $10.00. Except as regulations of the Wildlife Resources Commission provide for use of equipment by more than one person, this license is valid only for use by an individual resident of the State. It authorizes the taking of nongame fish from inland fishing waters with special devices authorized by the regulations of the Wildlife Resources Commission for use in specified waters. The Wildlife Resources Commission may restrict the user of the license to specified registered equipment, require tagging of items of equipment, charge up to one dollar ($1.00) per tag issued, and require periodic catch data reports. Unless specifically prohibited, nongame fish lawfully taken under this license may be sold.

(2)        Nonresident special device license — $25.00. Except as regulations of the Wildlife Resources Commission provide for use of equipment by more than one person, this license is valid for use by an individual within the State. It is otherwise subject to the terms and conditions set out in subdivision (1) above.

(3)        Resident personal use special device license — $3.00. This license is valid only for use by an individual resident of the State. It authorizes the taking of nongame fish from inland fishing waters with special devices authorized by the regulations of the Wildlife Resources Commission for use in specified waters. The Wildlife Resources Commission may restrict the total amount of equipment used, and may require tagging of unattended equipment. Fish taken under this license may not be sold.

(4)        Nonresident personal use special device license — $10.00. This license is valid for use by an individual within the State. It is otherwise subject to the terms and conditions set out in subdivision (3) above.

"§ 113-272.3.  Special provisions respecting fishing licenses; grabbling; taking bait fish; use of landing nets. — (a) The Wildlife Resources Commission by regulation may define the meaning of 'hook and line' and 'special device' as applied to fishing techniques. Any technique of fishing that may be lawfully authorized which employs neither the use of any special device nor hook and line must be pursued under the appropriate hook-and-line fishing license.

(b)        In accordance with established fishing customs and the orderly conservation of wildlife resources, the Wildlife Resources Commission may by regulation provide for use of nets or other special devices which it may authorize as an incident to hook-and-line fishing or for procuring bait fish without requiring a special device license. In this instance, however, the individual fishing must meet applicable hook-and-line license requirements.

"§ 113-272.4.  Collection licenses. — (a) In the interest of the orderly and efficient conservation of wildlife resources, the Wildlife Resources Commission may provide for the licensing of qualified individuals to take any of the wildlife resources of the State under a collection license that may serve in lieu of any other license required in this Article. This license authorizes incidental transportation and possession of the wildlife resources necessary to implement the authorized purposes of the taking, but the Wildlife Resources Commission in its discretion may additionally impose permit requirements under subsection (d) below and G.S. 113-274.

(b)        The Wildlife Resources Commission may delegate to the executive director the authority to impose time limits during which the license is valid and restrictions as to what may be taken and method of taking and possession, in the interests of conservation objectives. The executive director through his responsible agents must determine whether a particular license applicant meets the standards and qualifications for licensees set by the Wildlife Resources Commission. Methods of taking under a collection license need not be restricted to those applicable to ordinary hunting, trapping, or fishing, but the licensee must observe the restrictions as to taking, transportation, and possession imposed by the executive director upon the granting of the license.

(c)        When a more limited duration period is not set by the executive director in implementing the regulations of the Wildlife Resources Commission, collection licenses are valid from January 1 through December 31 in any year. This license is issued upon payment of five dollars ($5.00), but the Wildlife Resources Commission may provide for issuance without charge to licensees who represent educational or scientific institutions or some governmental agency.

(d)        As necessary, the executive director may administratively impose on licensees under this section restrictions upon individuals taking, transporting, or possessing under the license which will permit ready identification and control of those involved in the interest of efficient administration of laws pertaining to wildlife resources. Restrictions may include requirements as to record keeping, tagging, marking packages, cages, or containers and exhibition of additional limited-purpose and limited-time permits that may be issued without charge to cover particular activities and other actions that may be administratively required in the reasonable implementation of the objectives of this Subchapter.

(e)        If the executive director deems it administratively appropriate and convenient to do so, in the interests of simplifying the administration of licensing requirements, he may grant particular licensees under this section the privilege of utilizing assistants in taking, transporting, or possessing wildlife resources who themselves are not licensed. Any assistants so taking, transporting, or possessing wildlife resources must have readily available for inspection a written authorization from the licensee to engage in the activity in question. The written authorization must contain information administratively required by the executive director, and a copy of the authorization must be placed in the mail addressed to the executive director or his designated agent before any assistant acts under the authorization. In his discretion the executive director may refuse to issue, refuse to renew, or revoke the privilege conferred in this subsection. If this is done, each individual engaged in taking, transporting, or possessing wildlife resources under this section must meet all applicable licensing and permit requirements.

"§ 113-272.5.  Captivity license. — (a) 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 a particular wild animal or wild bird alive in captivity. Before issuing this license, the executive director must satisfy himself that issuance of the license is appropriate under the objectives of this Subchapter, and that the wild animal or wild bird was not acquired unlawfully or merely as a pet. Upon refusing to issue the captivity license, the executive director may either take possession of the wild animal or wild bird for appropriate disposition or issue a captivity permit under G.S. 113-274(c)(1b) for a limited period until the holder makes proper disposition of the wild animal or wild bird.

(b)        Unless a shorter time is set for a license upon its issuance under the provisions of subsection (c), captivity licenses are annual licenses issued beginning January 1 each year and running until the following December 31. This license is issued upon payment of five dollars ($5.00) to the Wildlife Resources Commission.

(c)        The Wildlife Resources Commission may require standards of caging and care and reports to and supervision by employees of the Wildlife Resources Commission as necessary to insure humane treatment and furtherance of the objectives of this Subchapter. The executive director in implementing the provisions of this section may administratively impose through responsible agents and employees restrictions upon the mode of captivity that he deems necessary, including prescribing methods of treatment and handling designed, if possible, to enable the wild animal or wild bird to become self-sufficient and requiring that the wild animal or wild bird be set free when self-sufficiency is attained. To this end, the executive director may issue the captivity license with an expiration date earlier than December 31 and may also act to terminate any captivity license earlier than the expiration date for good cause.

(d)        Any substantial deviation from reasonable requirements imposed by regulation or administratively under the authority of this section renders possession of the wild animal or wild bird unlawful.

(e)        No captivity license may be issued for any cougar (Felis concolor), except to:

(1)        A bona fide publicly supported zoo.

(2)        An educational or scientific research institution.

(3)        An individual who lawfully possessed the cougar on June 29, 1977. The license may not be granted, however, for possession of a cougar within a municipality which prohibits such possession by ordinance.

(f)         The licensing provisions of this section apply to black bears held in captivity, but, to the extent that it differs from this section, Article 2 of Chapter 19A of the General Statutes governs the keeping of black bears in captivity.

"§ 113-273.  Dealer licenses. — (a) 'Dealer' Defined; All Licenses Annual. As used in this section, the word 'dealer' includes all persons or individuals required to be licensed under the terms of this section. Except when indicated otherwise, all dealer licenses are annual licenses. Annual dealer licenses are issued beginning January 1 each year running until the following December 31.

(b)        License Required; Regulations Governing Licensee. Except as otherwise provided, no person may engage in any activity for which a dealer license is provided under this section without first having procured a current and valid dealer license for that activity. In implementing the provisions of this section, the Wildlife Resources Commission may by regulation govern every aspect of the licensee's dealings in wildlife resources. Specifically, these regulations may require dealers to:

(1)        implement a system of tagging or otherwise identifying and controlling species regulated under the license and pay a reasonable fee, not to exceed two dollars and twenty-five cents ($2.25), for each tag furnished by the Wildlife Resources Commission;

(2)        keep records and statistics in record books furnished by the Wildlife Resources Commission, and pay a reasonable charge to defray the cost of furnishing the books;

(3)        be subject to inspection at reasonable hours and audit of wildlife resources and pertinent records and equipment;

(4)        make periodic reports;

(5)        post performance bonds payable to the Wildlife Resources Commission conditioned upon faithful compliance with provisions of law; and

(6)        otherwise comply with reasonable regulations and administrative requirements that may be imposed under the authority of this section.

(c)        Commercial Trout Pond License. As used in this subsection, a 'commercial trout pond' is a fish tank meeting standards set by the Wildlife Resources Commission or an artificial impoundment of three acres or less lying on private land and not on a natural stream, but which may be supplied through screened and regulated supply lines. A commercial trout pond must be stocked exclusively with hatchery-reared mountain trout obtained from hatcheries approved by the Wildlife Resources Commission. The Wildlife Resources Commission may by regulation prescribe qualifications of operators of commercial trout ponds, standards of operation, and the conditions under which trout from such ponds may be taken, transported, possessed, bought, and sold. Commercial trout pond licenses issued by the Wildlife Resources Commission are as follows:

(1)        (No change.)

(2)        Commercial trout holding pond license, five dollars ($5.00). Authorizes the responsible licensed pond owner or operator to hold live trout for sale under conditions prescribed by the Wildlife Resources Commission. No person holding a fish propagation license for trout under subsection (e) need also procure this license.

(d)        Game Fish Sale License. (Repealed.)

(e)        Fish Propagation License. The Wildlife Resources Commission may by regulation authorize and license the operation of fish hatcheries for species of fish which may be found in inland fishing waters. The Wildlife Resources Commission may prescribe standards of operation, qualifications of operators, and the conditions under which fish may be taken, transported, possessed, bought, and sold. Fish propagation licenses issued by the Wildlife Resources Commission are as follows:

(1)        Trout propagation license, twenty-five dollars ($25.00). Authorizes artificial propagation and sale of all species of freshwater trout permitted under the regulations of the Wildlife Resources Commission in accordance with those regulations.

(2)        Restricted propagation license, twenty-five dollars ($25.00). Authorizes artificial propagation and sale of species of fish other than trout designated in the license, in accordance with governing regulations of the Wildlife Resources Commission.

(f)         Fur-Dealer License. Except as otherwise provided in this subsection, any individual in this State who deals in furs must obtain an appropriate fur-dealer license. For the purposes of this subsection, 'dealing in furs' is engaging in the business of buying or selling fur-bearing animals or other wild animals that may lawfully be sold, the raw furs, pelts, or skins of those animals, or the furs, pelts, or skins of wild animals which may not themselves be sold but whose fur, pelt, or skin may lawfully be sold. A hunter or trapper who has lawfully taken wild animals whose fur, pelt, or skin is permitted to be sold under this subsection is not considered a fur dealer if he exclusively sells the animals or the furs, pelts, and skins, as appropriate, to licensed fur dealers. Fur-dealer licenses issued by the Wildlife Resources Commission are as follows:

(1)        Resident fur-dealer license, fifty dollars ($50.00). Authorizes an individual resident of the State to deal in furs in accordance with the regulations of the Wildlife Resources Commission.

(2)        Nonresident fur-dealer license, one hundred fifty dollars ($150.00). Authorizes an individual within the State to deal in furs in accordance with the regulations of the Wildlife Resources Commission.

(3)        Fur-dealer station license, one hundred dollars ($100.00). Authorizes a person or individual to deal in furs at an established location where fur dealings occur under the supervision of a responsible individual manager named in the license. Individual employees of the business dealing in furs solely at the established location under the supervision of the manager need not acquire an individual license. Any employee who also deals in furs outside the established location must obtain the appropriate individual license. Individuals dealing in furs at an established location may elect to do so under their individual licenses.

      The executive director may administratively provide for reissuance of a station license without charge for the remainder of the year when either a business continues at an established location under a new supervising manager or the business changes to a new location. Before reissuing the license, however, the executive director must satisfy himself that there is a continuation of essentially the same business previously licensed and that any new supervising manager meets the qualifications imposed by regulations of the Wildlife Resources Commission. The supervising manager must file the names of all employees of the business covered by a fur-dealer station license, whether temporary or permanent, including employees who process or skin the animals.

      The executive director must furnish supervising managers and individual licensees with forms or record books for recording required information as to purchase, sale, importation, exportation, and other dealings, and make a reasonable charge to cover the cost of any record books furnished. It is unlawful for anyone dealing in furs to fail to submit reports required by regulations or reasonable administrative directives.

(g)        Controlled Shooting Preserve Operator License. The Wildlife Resources Commission is authorized by regulation to set standards for and to license the operation of controlled shooting preserves operated by private persons. A 'controlled shooting preserve' is an area on which only domestically raised game birds other than wild turkeys are taken. This license may be purchased for a fee of fifty dollars ($50.00).

(h)        Game Bird Propagation License. No person may propagate game birds in captivity or possess game birds for propagation without first procuring a license under this subsection. The Wildlife Resources Commission may by regulation prescribe the activities to be covered by the propagation license, which species of game birds may be propagated, and the manner of keeping and raising the birds, in accordance with the overall objectives of conservation of wildlife resources. Except as limited by this subsection, propagated game birds may be raised and sold for purposes of propagation, stocking, food, or taking in connection with dog training as authorized in G.S. 113-291.1(d). Migratory game bird operations authorized under this subsection must also comply with any applicable provisions of federal law and regulations. The Wildlife Resources Commission may impose requirements as to shipping, marking packages, banding, tagging, or wrapping the propagated birds and other restrictions designed to reduce the chance of illicit game birds being disposed of under the cover of licensed operations. The Wildlife Resources Commission may make a reasonable charge for any bands, tags, or wrappers furnished propagators. The game bird propagation license is issued by the Wildlife Resources Commission upon payment of a fee of five dollars ($5.00). It authorizes a person or individual to propagate and sell game birds designated in the license, in accordance with the regulations of the Wildlife Resources Commission, except:

(1)        Wild turkey and ruffed grouse may not be sold for food.

(2)        Production and sale of pen-raised quail for food purposes is under the exclusive control of the Department of Agriculture. The Wildlife Resources Commission, however, may regulate the possession, propagation, and transportation of live pen-raised quail.

It is a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) in addition to such other punishment the court may impose in its discretion to sell wild turkey or ruffed grouse for food purposes or to sell quail other than lawfully acquired pen-raised quail for food purposes.

(i)         (Reserved.)

(j)         (Reserved.)

(k)        Taxidermy License. Any individual who engages in taxidermy involving wildlife for any compensation, including reimbursement for the cost of materials, must first procure a taxidermy license. This license is an annual license issued by the Wildlife Resources Commission for ten dollars ($10.00). The Wildlife Resources Commission must require a licensee to keep records concerning any wildlife taken or possessed by him; to keep records of the names and addresses of persons bringing him wildlife, the names and addresses of persons taking the wildlife if different, and other information concerning the origin of the wildlife; to inspect any applicable licenses or permits pertaining to the taking and possession of wildlife brought to him; to restrict him to taxidermy upon lawfully acquired wildlife; and to keep other pertinent records. No taxidermist subject to license requirements may sell any game or game fish in which he deals except that a taxidermist may acquire a valid possessory lien upon game or game fish under the terms of Chapter 44A of the General Statutes and, with a permit from the executive director, may sell the game or game fish under the procedure authorized in Chapter 44A. Wildlife acquired by a taxidermist is deemed 'personal property' for the purposes of Chapter 44A.

"§ 113-274.  Permits. — (a) As used in this Article, the word 'permit' refers to a written authorization issued without charge by an employee or agent of the Wildlife Resources Commission to an individual or a person to conduct some activity over which the Wildlife Resources Commission has jurisdiction. When sale of wildlife resources is permitted, regulations or the directives of the executive director may require the retention of invoices or copies of invoices in lieu of a permit.

(b)        Except as otherwise specifically provided, no one may engage in any activity for which a permit is required without having first procured a current and valid permit.

(c)        The Wildlife Resources Commission may issue the following permits:

(1)        (Repealed.)

(1a)      Depredation Permit. Authorizes the taking, destruction, transfer, removal, transplanting, or driving away of undesirable, harmful, predatory, excess, or surplus wildlife or wildlife resources. The permit must state the manner of taking and the disposition of wildlife or wildlife resources authorized or required and the time for which the permit is valid, plus other restrictions that may be administratively imposed in accordance with regulations of the Wildlife Resources Commission. No depredation permit or any license is needed for the owner or lessee of property to take wildlife while committing depredations upon the property. The Wildlife Resources Commission may regulate the manner of taking and the disposition of wildlife taken without permit or license, including wildlife killed accidentally by motor vehicle or in any other manner.

(1b)      Captivity Permit. Authorizes the possession of live wildlife that may lawfully be permitted to be retained alive, in accordance with governing regulations of the Wildlife Resources Commission. This permit may not substitute for any required collection license or captivity license, but may be temporarily issued for possession of wild animals or wild birds pending action on a captivity license or following its denial or termination. If this permit is issued for fish to be held indefinitely, the Wildlife Resources Commission may provide for periodic renewals of the permit, at least once each three years, to insure a review of the circumstances and conditions under which fish are kept. Wild animals and wild birds kept temporarily in captivity under this permit must be humanely treated and in accordance with any stipulations in the permit, but the standards of caging and care applicable to species kept under the captivity license do not apply unless specified in the permit. Any substantial deviation from reasonable requirements imposed by regulation or administratively under the authority of this section renders the possession of the wildlife unlawful.

(1c)      Possession Permit. Authorizes the possession of dead wildlife or other wildlife resources lawfully acquired. The Wildlife Resources Commission may by regulation implement the issuance and supervision of this permit, in accordance with governing laws and regulations respecting the possession of wildlife. Any substantial deviation from reasonable requirements imposed by regulation or administratively under the authority of this section renders the possession of the wildlife unlawful.

(2)        Transportation Permit. The Wildlife Resources Commission may require the use of transportation permits by persons required to be licensed under this Article, or by persons and individuals exempt from license requirements, while transporting wildlife resources within the State - as necessary to discourage unlawful taking or dealing in wildlife resources and to control and promote the orderly and systematic transportation of wildlife resources within, into, through, and out of the State. Transportation permits may be issued for wildlife transported either dead or alive, in accordance with restrictions that may be reasonably imposed. When convenient, regulations or administrative directives may require the retention and use of an invoice or memorandum of sale, or the license or permit authorizing the taking or acquisition of the wildlife resources, as a transportation permit. When circumstances warrant, however, a separate additional transportation permit may be required. Any substantial deviation from reasonable requirements imposed by regulation or administratively under the authority of this section renders the transportation of the wildlife resources unlawful.

(3)        Exportation or Importation Permit. Authorizes the exportation or importation of wildlife resources from or into the State or from county to county. The Wildlife Resources Commission may by regulation implement the issuance and supervision of this permit, in accordance with governing laws and regulations respecting the exportation and importation of wildlife resources. Any substantial deviation from reasonable requirements imposed by regulation or administratively under the authority of this section renders the importation or exportation of the wildlife resources unlawful.

(3a)      Trophy Wildlife Sale Permit. Authorizes the owner of lawfully taken and possessed dead wildlife specimens or their parts that are mounted, stuffed, or otherwise permanently preserved to sell identified individual specimens that may lawfully be sold under applicable laws and regulations.

(3b)      Trout Sale Permit. Authorizes the sale at wholesale or retail of dead artifically-propagated mountain trout for food purposes if the trout have been lawfully acquired from a hatchery approved by the Wildlife Resources Commission and are appropriately wrapped or otherwise identified as hatchery-reared trout as required by governing regulations. No person who holds a license that authorizes the sale of trout need purchase this permit.

(4)        Other Permits. In implementing the provisions of this Subchapter, the Wildlife Resources Commission may issue permits for taking, purchase, or sale of wildlife resources if the activity is lawfully authorized, if there is a need for control of the activity, and no other license or permit is applicable. In addition, if a specific statute so provides, a permit under this subdivision may be required in addition to a license when there is a need for closer control than provided by the license.

"§ 113-275.  General provisions respecting licenses and permits. — (a) The Wildlife Resources Commission is authorized to make agreements with other jurisdictions as to reciprocal honoring of licenses in the best interests of the conservation of wildlife resources.

(b)        (No change.)

(c)        (No change.)

(d)        (No change.)

(e)        (No change.)

(f)         Except as otherwise specifically provided by statute or except as the Wildlife Resources Commission may by regulation prescribe to the contrary:

(1)        (No change.)

(2)        (No change.)

(3)        (No change.)

(g)        (No change.)

(h)        (No change.)

(i)         (No change.)

(j)         (No change.)

"§ 113-276.  Exemptions and exceptions to license and permit requirements. — (a) (Repealed.)

(b)        (Repealed.)

(c)        Except as otherwise provided in this Subchapter, every landholder, his spouse, and dependents under 18 years of age residing with him may take wildlife upon the land held by the landholder without any license required by G.S. 113-270.2, 113-270.3(b) except for subdivision (5), 113-270.5, 113-271, or 113-272.

(d)        Except as otherwise provided in this Subchapter, individuals under 16 years of age are exempt from the hunting, trapping, and fishing license requirements of G.S. 113-270.2, 113-270.3(b) except for subdivision (5), 113-270.5, and 113-272 if:

(1)        he is accompanied by a responsible adult who is in compliance with applicable license requirements; or

(2)        he is carrying a current and valid license appropriate to the activity which has been issued to one of his parents or to his guardian.

Individuals under 16 years of age are exempt from the fishing license requirements of G.S. 113-271.

(e)        (No change.)

(f)         A special device license is not required when a landing net is used:

(1)        to take nongame fish in inland fishing waters; or

(2)        to assist in taking fish in inland fishing waters when the initial and primary method of taking is by the use of hook and line - so long as applicable hook-and-line fishing license requirements are met.

As used in this subsection, a 'landing net' is a net with a handle not exceeding eight feet in length and with a hoop or frame to which the net is attached not exceeding 60 inches along its outer perimeter.

(g)        Bow nets covered by a special device license may be used in waters and during the seasons authorized in the regulations of the Wildlife Resources Commission by an individual other than the licensee with the permission of the licensee. The individual using another's bow net must also secure the net owner's special device license and keep it on or about his person while fishing in inland fishing waters.

(h)        (Repealed.)

(i)         A food server may prepare edible wildlife lawfully taken and possessed by a patron for serving to the patron and any guest he may have. The executive director may provide for the keeping of records by the food server necessary for administrative control and supervision with respect to wildlife brought in by patrons.

(j)         A migrant farm worker who has in his possession a temporary certification of his status as such by the Rural Employment Service of the North Carolina Employment Security Commission on a form provided by the Wildlife Resources Commission is entitled to the privileges of a resident of the State and of the county indicated on such certification during the term thereof for the purposes of:

(1)        Purchasing and using the resident fishing licenses provided by G.S. 113‑271(d)(2a), (3), and (4); and

(2)        Utilizing the natural-bait exemption in subsection (e) above.

(k)        A person may participate in a field trial for beagles without a hunting license if approved in advance by the executive director, conducted without the use or possession of firearms, and on an area of not more than 100 acres of private land which is completely and permanently enclosed with a metal fence through which rabbits may not escape or enter at any time.

(l)         The fishing license provisions of this Article do not apply upon the lands held in trust by the United States for the Eastern Band of the Cherokee Indians.

"§ 113-276.1.  Regulatory authority of Wildlife Resources Commission as to license requirements and exemptions. — In its discretion and in accordance with the best interests of the conservation of wildlife resources, the Wildlife Resources Commission may implement the provisions of this Article with regulations that:

(1)        (Reserved.)

(2)        Regulate license requirements and exemptions applying to the taking of wildlife on particular waters forming or lying across a county boundary where there may be confusion as to the location of the boundary, hardship imposed as to the location of the boundary, or difficulty of administering or enforcing the law with respect to the actual boundary location.

(3)        Require persons subject to license requirements, and persons exempt from license requirements, to carry, display, or produce identification that may be necessary to substantiate the person's entitlement to a particular license or to a particular exemption from license requirements.

(4)        Require individuals aboard vessels or carrying weapons or other gear that may be used to take wildlife resources, and in an area at a time wildlife resources may be taken, to exhibit identification that includes the individual's name and current address. More than one piece of identification, including a vehicle driver license, may be required to be exhibited, if available.

(5)        Implement a system of tagging and reporting fur-bearing animals and big game. Upon the implementation of a tagging system for any species of fur-bearing animal, the Wildlife Resources Commission may charge a reasonable fee to defray its costs, not to exceed two dollars twenty-five cents ($2.25) per tag, for each tag furnished. The price of the big game hunting license includes the cost of big game tags.

"§ 113-276.2.  Licensees and permittees subject to administrative control; refusal to issue or reissue, suspension, and revocation of their licenses and permits; court orders of suspension. — (a) This section applies to the administrative control of:

(1)        persons, other than individual hunters and fishermen taking wildlife as sportsmen, holding permits under this Article;

(2)        individuals holding special device licenses under G.S. 113-272.2(c)(1) and (2);

(3)        individuals holding collection licenses under G.S. 113-272.4;

(4)        individuals holding captivity licenses under G.S. 113-272.5; and

(5)        persons holding dealer licenses under G.S. 113-273.

(b)        Before issuing any license or permit to persons subject to administrative control under this section, the executive director must satisfy himself that the person meets the qualifications set by statute, regulation, or his administrative guidelines. If the person fails to meet the qualifications or if the executive director learns of some other cause for believing that issuing the license or permit would be contrary to the best interests of the conservation of wildlife resources, he must refuse to issue the license or permit.

(c)        Before reissuing any license or permit to any person subject to administrative control, the executive director must review all available information and apply the same standards that governed initial issuance of the license or permit before he may reissue it.

(d)        Upon refusing to issue or reissue a license or permit under this section, the executive director must notify the person in writing of the reasons for his action and inform him that if he contests the executive director's action within 10 days he is entitled to a hearing in accordance with the provisions of the Administrative Procedure Act. The notice must be personally served by a law enforcement officer or an agent of the Wildlife Resources Commission or sent by mail with return receipt requested. If the person refused the license or permit notifies the executive director within 10 days of receiving notice that he does contest the action, the executive director must formally notify all appropriate parties that a hearing will be conducted in accordance with the provisions of Article 3 of Chapter 150A of the General Statutes and any applicable regulations of the Wildlife Resources Commission. The Wildlife Resources Commission may provide by regulation either for the appointment of a hearing officer or officers or may direct that hearings in some or all classes of cases be conducted by the commission itself. To the extent the procedure governing the hearing is not covered by this section, the Administrative Procedure Act, or regulations of the Wildlife Resources Commission, the executive director must direct that appropriate procedures be followed which are not inconsistent with governing statutes and regulations.

(e)        If the executive director discovers that a person subject to administrative control does not meet, or no longer meets, the qualifications for issuance of the license or permit, has committed a substantial criminal violation of this Subchapter or of its regulations, or has seriously or persistently failed to comply with the terms and conditions upon which the license or permit was issued, he must notify the person in writing of his findings and of his intention to revoke the license or permit unless the person contests the executive director's action within 10 days. Any revocation or suspension of a license or permit ordered by a court under G.S. 113-277 runs concurrently with any revocation under this section. The notice must be personally served by a law enforcement officer or an agent of the Wildlife Resources Commission or sent by mail with return receipt requested. If the person notifies the executive director that he contests the facts relied upon by the executive director or the appropriateness of revocation under the circumstances of the case, the executive director must afford the person a hearing in accordance with the provisions of the Administrative Procedure Act and the special provisions of subsection (d) above. If the person does not notify the executive director that he contests his action within 10 days of receiving notice, the executive director must revoke any license or permit in question as provided in subsection (g) below.

(f)         If the decision to revoke the person's license is sustained after all proceedings under the Administrative Procedure Act, including judicial review, if any, the executive director must revoke any license or permit in question as provided in subsection (g) below.

(g)        Upon revocation of a license or permit, the executive director or his agent must request return of the license or permit and all associated forms, tags, record books, inventories, invoice blanks, and other property furnished by the Wildlife Resources Commission or required to be kept by the commission solely in connection with the license or permit. If the person needs to retain a copy of the property returned to the Wildlife Resources Commission for tax purposes or other lawful reason, the person may copy items returned if the copies are clearly marked in a manner that they could not be mistaken for the originals. In securing property to be returned or in otherwise closing out the affairs conducted under the license or permit, agents of the Wildlife Resources Commission may enter at reasonable hours the premises of the person in which wildlife resources or items of property pertaining to the license or permit are kept, or reasonably believed to be kept, to inspect, audit, inventory, remove, or take other appropriate action. Any wildlife resources in the possession of the person which he may no longer possess must be disposed of in accordance with the most nearly appropriate provision of G.S. 113-137. If a person fails to return to an agent of the Wildlife Resources Commission all wildlife resources and other property covered by this subsection; refuses to allow entry by the agent to inspect, audit, remove property, or perform other duties; or otherwise obstructs an agent of the Wildlife Resources Commission in performing his duties under this subsection, he is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), imprisonment not to exceed 90 days, or both. Each day's violation is a separate offense.

(h)        No person refused issuance or reissuance of a license or permit under this section, or whose license or permit was revoked, is eligible to apply again for that or any similar license or permit for two years. Upon application, the executive director may not grant the license or permit unless the person produces clear evidence, convincing to the executive director, that he meets all standards and qualifications and will comply with all requirements of statutes, regulations, and reasonable administrative directives pertaining to the license or permit.

(i)         The executive director is required to make necessary investigations and cause necessary disclosure of information by all persons subject to administrative control, and all applicants for a license or permit that would place them in this category, to determine that the real party in interest is seeking or has been issued the license or permit. Any attempt to circumvent he provisions of this section is a misdemeanor punishable in the discretion of the court.

(j)         So long as a license or permit has not expired, the person contesting any action to revoke retains it and may continue his operations under the license or permit. If the executive director determines that the effective conservation of wildlife resources would be seriously impaired by continued unfettered operations or by continued possession of property by the person subject to administrative control, the executive director may apply to the appropriate court for an order:

(1)        placing special reporting and inspection requirements on the person; or

(2)        impounding some or all of the records or other property associated with the license or permit; or

(3)        limiting the scope of operations under the license or permit; or

(4)        if there is clear evidence of a serious threat to the conservation of wildlife resources, suspending the operations of the person under the license or permit; or

(5)        placing other appropriate restrictions, prohibitions, or requirements upon the person.

"§ 113-276 3.  Mandatory suspension of entitlement to license or permit for fixed period upon conviction of specified offenses. — (a) Upon conviction of a suspension offense under this section, the defendant's entitlement to any license or permit applicable to the type of activity he was engaging in that resulted in the conviction is suspended for the period stated in subsection (d). The period of suspension begins:

(1)        upon the surrender to an authorized agent of the Wildlife Resources Commission of all applicable licenses and permits; or

(2)        if no licenses or permits are possessed, the defendant fails or refuses to surrender all licenses or permits, or any license or permit is lost or destroyed, upon the executive director's placing in the mail the notification required by subsection (c).

(b)        If the defendant does not wish to appeal, the presiding judge may order surrender of all applicable licenses and permits to an agent of the Wildlife Resources Commission. If the presiding judge does not order the surrender, or there is for any other reason a failure by the defendant to surrender all applicable licenses and permits, an authorized agent of the Wildlife Resources Commission must demand surrender. Each day's failure or refusal to surrender a license or permit upon demand, in the absence of satisfactorily accounting tor the failure to do so, is a separate offense. A charge under this subsection does not affect the power of the court to institute contempt proceedings if a failure or refusal to surrender a license or permit also violates a court order. Any agent of the Wildlife Resources Commission accepting surrender of licenses and permits, in the courtroom or at a subsequent time and place, must transmit them to the executive director with a written notation of the date of surrender and a report of other pertinent circumstances required by the executive director.

(c)        The executive director must institute a procedure for the systematic reporting to him by protectors or other authorized agents of the Wildlife Resources Commission of all convictions of suspension offenses under this section. Upon obtaining information concerning conviction of a suspension offense and receiving any surrendered licenses and permits, the executive director must determine if all appropriate licenses and permits possessed by the defendant have been surrendered; if not, the executive director must notify the appropriate agent of the Wildlife Resources Commission to demand surrender or renew a demand for surrender under the terms of subsection (b) if it is feasible to do so. Upon satisfying himself that he has received all licenses and permits for which surrender may feasibly be obtained, if any, the executive director must mail the defendant a notice of the suspension of his entitlement to possess or procure any license or permit of the type applicable to the activity engaged in that resulted in conviction of the suspension offense. The notice must specify the commencement and termination dates of the period of suspension that apply under the terms of this section.

(d)        Any violation of this Subchapter or of any regulation adopted by the Wildlife Resources Commission under the authority of this Subchapter which is subject to a penalty greater than the one provided in G.S. 113-135(a)(1) is a suspension offense. Conviction of any of the following suspension offenses results in a suspension for a period of two years:

(1)        A violation of G.S. 113-294(b).

(2)        A violation of G.S. 113-294(c).

(3)        A violation of G.S. 113-294(e).

(4)        A violation of G.S. 113-294(k).

A conviction of any other suspension offense results in a suspension for a period of one year.

"§ 113-277.  Suspension and revocation of licenses and permits in the discretion of the court; suspension of entitlement; court's power concurrent; definition of 'conviction'; penalties. — (a) (No change.)

(a1)      Upon conviction of any person who is not a licensee or permittee under this Article of a violation of any law or regulation administered by the Wildlife Resources Commission under the authority of this Subchapter, the court in its discretion may suspend the entitlement of the defendant to possess or procure any specified licenses and permits issued by the Wildlife Resources Commission for a period not to exceed two years.

(a2)      The authority of a court to suspend entitlement or order suspension or revocation of a license or permit under this section does not preempt the power of the executive director or the Wildlife Resources Commission to act under G.S. 113-276.2 and G.S. 113-276.3, but the court may in its discretion suspend entitlement or order suspension or revocation of any license or permit under this section to be effective concurrently with any action taken under the authority of those two sections.

(a3)      As used in this Article, the term 'conviction' has the same meaning assigned to it in G.S. 113-166(a).

(b)        (No change.)

G.S. 113-278 to G.S. 113-290. (Reserved for future codification purposes.)

"ARTICLE 22.

"Regulation of Wildlife.

"§ 113-291.  General restrictions. — Except as specifically permitted in this Subchapter or in regulations made under the authority of this Subchapter, no person may take, possess, buy, sell, or transport any wildlifewhether dead or alive, in whole or in part. Nor may any person take, possess, buy, sell, or transport any nests or eggs of wild birds except as so permitted. No person may take, possess, buy, sell, or transport any wildlife resources in violation of the regulations of the Wildlife Resources Commission.

"§ 113-291.1.  Manner of taking wild animals and wild birds. — (a) Except as otherwise provided, game may only be taken between a half hour before sunrise and a half hour after sunset and only by one or a combination of the following methods:

(1)        With a rifle.

(2)        With a shotgun not larger than number 10 gauge.

(3)        With a bow and arrow of a type prescribed in the regulations of the Wildlife Resources Commission.

(4)        With the use of dogs.

(5)        By means of falconry.

Fur-bearing animals may be taken at any time during open trapping season with traps authorized under G.S. 113-291.6. Nongame animals and birds open to hunting may be taken during the hours authorized by regulation during any open season by the methods for taking game. Use of pistols in taking wildlife is governed by subsection (g). The Wildlife Resources Commission may prescribe the manner of taking wild animals and wild birds on game lands and public hunting grounds.

(b)        No wild animals or wild birds may be taken:

(1)        From or with the use of any vehicle; vessel, other than one manually propelled; airplane; or other conveyance except that the use of vehicles and vessels is authorized:

a.         As hunting stands, subject to the following limitations. No wild animal or wild bird may be taken from any vessel under sail, under power, or with the engine running or while still in motion from such propulsion. No wild animal or wild bird may be taken from any vehicle if it is in motion, the engine is running, or the passenger area of the vehicle is occupied. The prohibition of occupying the passenger area of a vehicle does not apply to a disabled individual whose mobility is restricted.

b.         For transportation incidental to the taking.

(2)        With the use or aid of any artificial light, net, trap, snare, electronic or recorded animal or bird call, or fire, except as may be otherwise provided by statute. No wild birds may be taken with the use or aid of salt, grain, fruit, or other bait, except as may be otherwise provided by statute. The taking of wild animals and wild birds with poisons, drugs, explosives, and electricity is governed by G.S. 113-261, G.S. 113-262, and Article 22A.

(c)        It is a misdemeanor punishable in the discretion of the court for any person taking wildlife to have in his possession any:

(1)        Firearm equipped with a silencer or any device designed to silence, muffle, or minimize the report of the firearm. The firearm is considered equipped with the silencer or device whether it is attached to the firearm or separate but reasonably accessible for attachment during the taking of the wildlife.

(2)        Weapon of mass death and destruction as defined in G.S. 14-288.8.

(d)        In accordance with governing regulations of the Wildlife Resources Commission imposing further restrictions that may be necessary, hunters may conduct field trials with dogs in areas and at times authorized with the use of approved weapons and ammunition. The Wildlife Resources Commission may authorize organized retriever field trials, utilizing domestically raised pheasants or waterfowl, to be held under its permit.

(d1)      Except in areas closed to protect sensitive wildlife populations, hunters may train dogs during the closed season:

(1)        with the use of approved weapons and ammunition; and

(2)        if reasonable control is exercised to prevent the dogs from running unsupervised at large and from killing wild animals and wild birds.

(e)        Raccoons and opossum may be taken at night with dogs during seasons set by regulations of the Wildlife Resources Commission with the use of artificial lights of a type designed or commonly used to aid in taking raccoon and opossum. No conveyance may be used in taking any raccoon or opossum at night, but incidental transportation of hunters and dogs to and from the site of hunting is permitted. The Wildlife Resources Commission may by regulation prescribe restrictions respecting the taking of frogs, or other creatures not classified as wildlife which may be found in areas frequented by game, with the use of an artificial light, and may regulate the shining of lights at night in areas frequented by deer as provided in subsection (e1).

(e1)      After hearing sufficient evidence and finding as a fact that an area frequented by deer is subject to substantial unlawful night deer hunting or that residents in the area have been greatly inconvenienced by persons shining lights on deer, the Wildlife Resources Commission may by regulation prohibit the intentional sweeping of that area with lights, or the intentional shining of lights on deer, from 11:00 p.m. until one-half hour before sunrise. Before adopting this regulation, the Wildlife Resources Commission must propose it at a public hearing in the area to be closed and seek the reactions of the local inhabitants. The regulation must exempt necessary shining of lights by landholders, motorists engaged in normal travel on the highway, and campers and others legitimately in the area, who are not attempting to attract wildlife. This subsection does not limit the right of hunters to take raccoon and opossum with dogs lawfully at night with a light under the terms of subsection (e).

(f)         To keep North Carolina provisions respecting migratory birds in substantial conformity with applicable federal law and regulations, the Wildlife Resources Commission may by regulation expand or modify provisions of this Article if necessary to achieve such conformity. In particular, the commission may prohibit the use of rifles, unplugged shotguns, live decoys, and sinkboxes in the taking of migratory game birds; vary shooting hours; adopt specific distances, not less than 300 yards, hunters must maintain from areas that have been baited, and fix the number of days afterwards during which it is still unlawful to take migratory game birds in the area; and adopt similar provisions with regard to the use of live decoys.

(g)        If a season is open permitting such method of taking for the species in question, a hunter may take rabbits, squirrels, opossum, raccoons, fur-bearing animals, and nongame animals and birds open to hunting with a pistol of .22 caliber with a barrel not less than six inches in length and loaded with long-rifle ammunition. In addition, a hunter or trapper lawfully taking a wild animal or wild bird by another lawful method may use a knife, pistol, or other swift method of killing the animal or bird taken.

(h)        In the interests of enhancing the enjoyment of sportsmen, and if consistent with conservation objectives, the Wildlife Resources Commission may by regulation relax requirements of this section on controlled shooting preserves and in other highly controlled situations.

(i)         The intentional destruction or substantial impairment of wildlife nesting or breeding areas or other purposeful acts to render them unfit is unlawful. These prohibitions include cutting down den trees, shooting into nests of wild animals or birds, and despoliation of dens, nests, or rookeries.

(j)         It is unlawful to take deer swimming or in water above the knees of the deer.

"§ 113-291.2.  Seasons and bag limits on wild animals and birds; including animals and birds taken in bag; possession and transportation of wildlife after taking. — (a) In accordance with the supply of wildlife and other factors it determines to be of public importance, the Wildlife Resources Commission may fix seasons and bag limits upon the wild animals and wild birds authorized to be taken that it deems necessary or desirable in the interests of the conservation of wildlife resources. The authority to fix seasons includes the closing of seasons completely when necessary and fixing the hours of hunting. The authority to fix bag limits includes the setting of season and possession limits. Different seasons and bag limits may be set in differing areas; early or extended seasons and different or unlimited bag limits may be authorized on controlled shooting preserves, game lands, and public hunting grounds; and special or extended seasons may be fixed for those engaging in falconry, using primitive weapons, or taking wildlife under other special conditions.

(b)        Any individual hunter or trapper who in taking a wild animal or bird has wounded or otherwise disabled it must make a reasonable effort to capture and kill the animal or bird. All animals and birds taken that can be retrieved must be retrieved and counted with respect to any applicable bag limits governing the individual taking the animal or bird.

(c)        An individual who has lawfully taken game within applicable bag, possession, and season limits may, after the game is dead, possess and personally transport it for his own use by virtue of his hunting license, and without any additional permit, subject to tagging and reporting requirements that may apply to the fox and big game, as follows:

(1)        In an area in which the season is open for the species, the game may be possessed and transported without restriction.

(2)        The individual may possess and transport the game lawfully taken on a trip:

a.         to his residence;

b.         to a preservation or processing facility that keeps adequate records as prescribed in G.S. 11 3-291.3(b)(3) or a licensed taxidermist;

c.         from a place authorized in subparagraph. b to his residence.

(3)        The individual may possess the game indefinitely at his residence, and may there accumulate lawfully-acquired game up to the greater of:

a.         the applicable possession limit for each species; or

b.         one half of the applicable season limit for each species.

The above subdivisions apply to an individual hunter under 16 years of age covered by the license issued to his parent or guardian, if he is using that license, or by the license of an adult accompanying him. An individual who has lawfully taken game as a landholder without a license may possess and transport the dead game, taken within applicable bag, possession, and season limits, to his residence. He may indefinitely retain possession of such game, within aggregate possession limits for the species in question, in his residence.

(d)        Except in the situations specifically provided for above, the Wildlife Resources Commission may by regulation impose reporting, permit, and tagging requirements that may be necessary upon persons:

(1)        Possessing dead wildlife taken in open season after the close of that season.

(2)        Transporting dead wildlife from an area having an open season to an area with a closed season.

(3)        Transporting dead wildlife lawfully taken in another state into this State.

(4)        Possessing dead wildlife after such transportation.

The Wildlife Resources Commission in its discretion may substitute written declarations to be filed with agents of the commission for permit and tagging requirements.

"§ 113-291.3.  Possession, sale, and transportation of wildlife. — (a) Live wildlife and the nests and eggs of wild birds may be taken, possessed, transported, bought, sold, imported, exported, or otherwise acquired or disposed of only as specifically authorized in this subchapter or its implementing regulations. The Wildlife Resources Commission may impose necessary reporting, permit, and tagging requirements in regulating activities involving live wildlife and the nests and eggs of wild birds. The Wildlife Resources Commission may charge a reasonable fee to defray the cost of any tagging procedure.

(b)        With respect to dead wildlife:

(1)        Lawfully taken wildlife may be possessed and transported as provided in G.S. 113-291.2. Wildlife possessed under any dealer license may be possessed and transported in accordance with the provisions of law and regulations applicable to the license, and wildlife may be sold to qualified persons if authorized under provisions governing the license. In other situations, except as this subchapter may expressly provide, possession and transportation of wildlife may be regulated by the Wildlife Resources Commission.

(2)        Unless there is a specific restriction on the transfer of the species in question, an individual may accept the gift of wildlife lawfully taken within North Carolina if taking possession does not cause him to exceed applicable possession limits. If he notes and preserves in writing the name and address of the donor and under what license or exemption from license requirements the wildlife was taken, he may possess that wildlife without a permit in the places possession without a permit would be authorized in G.S. 113-291.2 had he taken the wildlife.

(3)        A licensed taxidermist or other licensed dealer taking temporary possession of wildlife of another may possess the wildlife that he is authorized to handle under his license in accordance with the regulations of the Wildlife Resources Commission. A person not a dealer operating a preservation or processing facility, whether commercially or not, may possess the wildlife owned by another without any permit or license if he ascertains that the wildlife was lawfully taken within the State and keeps a written record of:

a.         The name and address of the owner of the wildlife and an adequate description of the wildlife left with him. If the description of the wildlife changes as the result of processing, the new description must be recorded.

b.         The date, serial number, and type of the license under which the wildlife was taken or the applicable exemption from license requirements which the taker met.

c.         The date all wildlife left with him is received and returned to the owner. If the receiving or returning of possession is to an agent or common carrier or otherwise occurs under circumstances in which permit requirements may apply, the type and date of the permit which authorizes the transaction must also be recorded.

(4)        The sale of rabbits and squirrels and their edible parts not for resale is permitted. If the Wildlife Resources Commission finds that affected game populations would not be endangered, it may authorize the sale of heads, antlers, horns, hides, skins, plumes, feet, and claws of one or more game animals or birds. In addition, it may authorize the sale of bobcats, opossums, and raccoons, and their parts, following their taking as game animals. No part of any bear or wild turkey may be sold under the above provisions, however, and no part of any fox taken in North Carolina may be sold except as provided in G.S. 113-291.4. In regulating sales, the Wildlife Resources Commission may impose necessary permit requirements.

(5)        Lawfully taken fur-bearing animals and their parts, including furs and pelts, may, subject to any tagging and reporting requirements, be possessed, transported, bought, sold, given or received as a gift, or otherwise disposed of without restriction. The Wildlife Resources Commission may regulate the importation of wildlife from without the State by fur dealers, and may regulate the sale of fox fur and other wildlife hides taken within the State if sale of them is authorized. Fox furs lawfully taken without the State may be imported, possessed, transported, bought, sold, and exported in accordance with reasonable regulations of the Wildlife Resources Commission. Processed furs acquired through lawful channels within or without the State by persons other than fur dealers are not subject to regulation.

(6)        Nongame animals and birds open to hunting and nongame fish lawfully taken, except as this subchapter and its implementing regulations expressly provide otherwise, may be possessed, transported, bought, sold, given or received as a gift, or otherwise disposed of without restriction.

(7)        The possession and disposition of wild animals and wild birds killed accidentally or to prevent or halt depredations to property are governed by G.S. 113-274(1a).

(c)        The Wildlife Resources Commission may make reasonable regulations governing the marking of packages, crates, and other containers in which wildlife may be shipped.

(d)        Any person hiring a hunter or trapper to take game is deemed to be buying game. Any hunter or trapper who may be hired is deemed to be selling game.

"§ 113-291.4.  Regulation of foxes; study of fox and fur-bearer populations. (a) All of the regulatory powers granted the Wildlife Resources Commission generally with respect to game, wild animals, and wildlife apply to foxes unless there are specific overriding restrictions in this section.

(b)        Except for any closed season under subsection (h), foxes may be taken with dogs both night and day on a year-round basis.

(c)        Foxes may not be taken with firearms except:

(1)        As provided in subsection (f).

(2)        As an incidental method of humanely killing them following any lawful method of taking that does not result in death.

(3)        When they are lawfully shot under laws and regulations pertaining to the destruction of animals committing depredations to property.

(d)        Foxes may not be taken with the aid of any electronic calling device.

(e)        The Wildlife Resources Commission is directed to improve its capabilities for studying fox and fur-bearer populations generally and, on the basis of its present knowledge and future studies, to implement management methods and impose controls designed to produce optimum fox and fur-bearer populations in the various areas of the State.

(f)         If, on the basis of its studies and other information available, the Wildlife Resources Commission determines the population of foxes in an area is fully adequate to support a harvesting of that population, the Wildlife Resources Commission may, upon passage of local legislation permitting same, open a season for taking foxes by trapping. When the season is open for trapping, foxes may also be taken by the use of methods lawful for taking game animals, including the use of firearms. Any bag, possession, or season limits imposed on foxes taken from the area in question will apply in the aggregate to all foxes killed without regard to the method of taking.

(g)        The Wildlife Resources Commission may provide for the sale of foxes lawfully taken in areas of open season as provided in subsection (f), under a system providing strict controls. These controls must include the tagging of foxes as required below and a system of permits to restrict those who may deal in foxes to dealers who meet high standards of integrity, reliability in keeping records and inventory, and promptness in submitting reports. The Wildlife Resources Commission must implement a system of tagging foxes and fox furs with a special fox tag, and the commission may charge two dollars and twenty-five cents ($2.25) for each tag furnished to hunters, trappers, and fur dealers. The fox tag or tags must be procured before taking foxes by any method designed to kill foxes or when the intent is to harvest foxes. The number of tags furnished to any individual may be limited as to area and as to number in accordance with area, bag, possession, or season limits that may be imposed on foxes. No person may continue to hunt or trap foxes under this fox harvesting provision unless he still has at least one valid unused fox tag lawful for use in the area in question. A person hunting foxes with dogs not intending to kill them need not have any fox tag, but any fox accidentally killed by that hunter must be disposed of without sale as provided below, and no foxes not tagged may be sold. The Wildlife Resources Commission may by regulation provide reporting and controlled-disposition requirements, not including sale, of foxes killed accidentally by dog hunters, motor vehicles, and in other situations; it may also impose strict controls on the disposition of foxes taken by owners of property under the laws and regulations relating to depredations, and authorize sale under controlled conditions of foxes taken under depredation permits.

(h)        In any area of the State in which the Wildlife Resources Commission determines that hunting of foxes with dogs has an appreciably harmful effect upon turkey restoration projects, it may declare a closed season for an appropriate length of time upon the taking with dogs of all species of wild animals and birds. Except as otherwise provided in G.S. 113-291. 1(d) or (d1), this subsection does not prohibit lawful field trials or the training of dogs.

"§ 113-291.5.  Regulation of dogs used in hunting; limitations on authority of Wildlife Resources Commission; control of dogs on game lands; control of dogs chasing deer; other restrictions. — (a) Except as provided in G.S. 113-291.4, in the area described below, the Wildlife Resources Commission may regulate the use of dogs taking wildlife with respect to seasons, times, and places of use. The area covered by this subsection is that part of the State in and west of the following counties or parts of counties: Rockingham; Guilford; that part of Alamance and Orange lying south of Interstate Highway 85; Chatham; that part of Wake lying south of N.C. Highway 98; Lee; Randolph; Montgomery; Stanly; Union; and that part of Anson lying west of N.C. Highway 742.

(b)        In the area of the State lying east of that described in subsection (a), the Wildlife Resources Commission may not restrict or prohibit the use of dogs in hunting or the training of dogs, in season or out, except during the breeding and raising seasons for game during the period April 15 through June 15.

(c)        On game lands, wildlife refuges, and public hunting grounds the Wildlife Resources Commission may regulate the possession and use of dogs and may impound dogs found running at large without supervision or, if unsupervised, without means of identification.

(d)        The Wildlife Resources Commission may not by its regulations anywhere in the State restrict the number of dogs used in hunting or require that any particular breed of dog be used in hunting.

(e)        It is unlawful to allow dogs not under the control of the owner or the individual in possession of the dogs to run or chase deer during the closed deer season.

(f)         Nothing in this section is intended to require the leashing or confining of pet dogs.

"§ 113-291.6.  Regulation of trapping. — (a) No one may take wild animals by trapping upon the land of another without having in his possession written permission issued and dated within the previous year by the owner of the land or his agent. This subsection does not apply to public lands on which trapping is not specifically prohibited, including tidelands, marshlands, and any other untitled land.

(b)        No one may take wild animals by trapping with any steel-jaw, leghold, or connibear trap unless it:

(1)        Has a jaw spread of not more than seven and one-half inches.

(2)        Is horizontally offset with closed jaw spread of at least three sixteenths of an inch for a trap with a jaw spread of more than five and one-half inches. This subdivision does not apply if the trap is set in the water with quick‑drown type of set.

(3)        Is smooth edged and without teeth or spikes.

(4)        Has a weather-resistant permanent tag attached legibly giving the trapper's name and address.

If set on dry land with solid anchor, a trap may not have a trap chain longer than eight inches from trap to anchor unless fitted with a shock-absorbing device approved by the Wildlife Resources Commission, and in no event may a trap chain exceed two feet in length.

(c)        No person may set or otherwise use a trap so that animals or birds when caught will be suspended. No hook of any type may be used to take wild animals or wild birds by trapping.

(d)        Trap number 330 of the connibear type or size may only be set in the water and in areas in which beaver and otter may be lawfully trapped. For the purposes of this section:

(1)        A water-set trap is one totally covered by water with the anchor secured in water deep enough to drown the animal trapped quickly.

(2)        In areas of tidal waters, the mean high water is considered covering water.

(3)        In reservoir areas, covering water is the low water level prevailing during the preceding 24 hours.

(4)        Marshland, as defined in G.S. 113-229(n)(3), is not considered dry land.

(e)        With respect to any lawfully placed trap of another set in compliance with the provisions of this section, no one without the express permission of the trapper may:

(1)        Remove or disturb any trap; or

(2)        Remove any fur-bearing animal from the trap.

This subsection does not apply to wildlife protectors or other law enforcement officers acting in the performance of their duties.

(f)         Nothing in this section prohibits the use of steel- or metal-jaw traps by county or State public health officials or their agents to control the spread of disease when the use of these traps has been declared necessary by the Department of Human Resources.

(g)        The Wildlife Resources Commission must include the trapping requirements of this section in its annual digest of hunting and trapping regulations provided to each person upon purchase of a license.

"§ 113-291.7.  Regulation of bears; limited retention of local acts closing bear seasons. — Local acts closing the season on bears are exempted from the provisions of G.S. 113-133.1(b) until July 1, 1981. After that date any local acts setting a year-round closed season on bears which have not by their terms expired are temporarily retained until the Wildlife Resources Commission supersedes them by adopting regulations either opening a season in the county affected or carrying forward the closed-season provision.

"§ 113-292.  Authority of the Wildlife Resources Commission in regulation of inland fishing and the introduction of exotic species. — (a) (No change.)

(b)        (No change.)

(c)        (No change.)

(d)        The Wildlife Resources Commission is authorized to authorize, license, regulate, prohibit, prescribe, or restrict anywhere in the State the acquisition, importation, possession, transportation, disposition, or release into public or private waters or the environment of exotic zoological or botanical species or specimens that may create a danger to or an imbalance in the environment inimical to the conservation of wildlife resources. This subsection is not intended to give the Wildlife Resources Commission the authority to supplant, enact any conflicting regulations, or otherwise take any action inconsistent with that of any other State agency acting within its jurisdiction.

"§ 113-293.  Obstructing rivers or creeks; keeping open fishways in dams. — (a) (Repealed.)

(b)        (Repealed.)

(c)        (No change.)

"§ 113-294.  Specific violations. — (a) Any person who unlawfully sells, possesses for sale, or buys any wildlife is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), imprisonment not to exceed 90 days, or both.

(b)        Any person who unlawfully sells, possesses for sale, or buys any bear, cougar (Felis concolor), deer, or wild turkey is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than two hundred fifty dollars ($250.00) in addition to such other punishment the court may impose in its discretion.

(c)        Any person who unlawfully takes, possesses, or transports any bear, cougar (Felis concolor), or wild turkey is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than two hundred fifty dollars ($250.00) in addition to such other punishment the court may impose in its discretion.

(d)        Any person who unlawfully takes, possesses, or transports any antlerless deer is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than one hundred dollars ($100.00) in addition to such other punishment the court may impose in its discretion.

(e)        Any person who unlawfully takes deer between a half hour after sunset and a half hour before sunrise with the aid of an artificial light is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than two hundred fifty dollars ($250.00) in addition to such other punishment the court may impose in its discretion.

(f)         Any person who unlawfully takes, possesses, transports, sells, or buys any beaver, or violates any regulation of the Wildlife Resources Commission adopted to protect beavers, is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), imprisonment not to exceed 90 days, or both.

(g)        Any person who unlawfully takes wild animals or birds from or with the use of a vessel equipped with a motor or with motor attached is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), imprisonment not to exceed 90 days, or both.

(h)        Any person who wilfully makes any false or misleading statement in order to secure for himself or another any license, permit, privilege, exemption, or other benefit under this Subchapter to which he or the person in question is not entitled is guilty of a misdemeanor punishable in the discretion of the court.

(i)         Any person who violates any provision of G.S. 113-291.6, regulating trapping, is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), imprisonment not to exceed 90 days, or both.

(j)         Any person who takes any fox by unlawful trapping or with the aid of any electronic calling device is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), imprisonment not to exceed 90 days, or both.

(k)        Any person who has been convicted of one of the fox offenses listed below who subsequently commits the same or another one of the fox offenses listed below is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted of a second or subsequent fox offense under this subsection is punishable by a fine of not less than two hundred fifty dollars ($250.00) in addition to such other punishment the court may impose in its discretion. The fox offenses covered by this subsection are unlawfully selling, possessing for sale, or buying a fox; taking a fox by unlawful trapping; or unlawfully taking a fox with the aid of any electronic calling device.

G.S. 113-295 to G.S. 113-300. (Reserved for future codification purposes.)

"ARTICLE 22A.

"Use of Poisons and Pesticides.

"§ 113-300.1.  Use of poisons and pesticides in general. — No one may take any wild animal or bird with the use of any poison or pesticide except as provided in this Article. The taking of fish by the use of poison is governed by G.S. 113-261 and G.S. 113-262, and the prohibitions of those sections against the taking of the wildlife by poison apply unless specifically permitted under this Article. Otherwise, the Wildlife Resources Commission may, by regulations consistent with the North Carolina Pesticide Law of 1971 and the Structural Pest Control Act of 1955, regulate, prohibit, or restrict the use of poisons or pesticides upon or severely affecting wildlife resources.

"§ 113-300.2.  Declaring wild animal or bird a pest; concurrence of Wildlife Resources Commission required before poison or pesticide may be used. — (a) When there is a factual basis for the declaration, any wild animal or bird may be declared a pest by:

(1)        the Commissioner of Agriculture under the Structural Pest Control Act of North Carolina of 1955, as amended, in Article 4C of Chapter 106 of the General Statutes, in accordance with any regulations or restrictions imposed by the Structural Pest Control Committee; or

(2)        the Pesticide Board under the North Carolina Pesticide Law of 1971, as amended, in Article 52 of Chapter 143 of the General Statutes.

(b)        When a wild animal or bird is declared a pest, the Commissioner of Agriculture or the Pesticide Board, as the case may be, must notify the Wildlife Resources Commission in writing of the action taken; the areas in which the declaration is effective; the type, amount, and mode of application of any poison or pesticide proposed for use against the pest; and other information pertinent to the declaration.

(c)        Upon receiving notification under subsection (b), the Wildlife Resources Commission may:

(1)        Hold a timely public hearing on the question whether it should concur in the declaration that the wild animal or bird is a pest and should be open to taking with the type or types of poison or pesticide specified or authorized in the notice, in the areas and under the circumstances specified. After holding the public hearing the Wildlife Resources Commission must decide, within 60 days after receiving the notice under subsection (b), whether it concurs or refuses to concur in the declaration that the wild animal or bird is a pest.

(2)        Take no action. In this event, 60 days after the Wildlife Resources Commission receives notice of the declaration under subsection (b), the concurrence of the Wildlife Resources Commission will occur automatically.

(d)        Upon the concurrence of the Wildlife Resources Commission in the declaration under subsection (b), the wild animal or bird may be taken with the use of any poison or pesticide specified in the notice in accordance with applicable restrictions in statutes and regulations and in accordance with any special restrictions imposed by the Commissioner of Agriculture, the Structural Pest Control Committee, or the Pesticide Board. If the Wildlife Resources Commission refuses to concur, no poison or pesticide may be used to take the wild animal or bird.

(e)        After holding a public hearing on the subject, the Wildlife Resources Commission may rescind its concurrence to a declaration under subsection (b) or grant its concurrence previously withheld.

(f)         With the approval of the Structural Pest Control Committee or the Pesticide Board, as the case may be, the Wildlife Resources Commission may grant a qualified concurrence to a declaration, imposing further restrictions as to the use of poison or pesticide in taking the wild animal or bird in question.

"§ 113-300.3.  Penalties for violations of Article; repeated offenses. — (a) Each day in which poisons or pesticides are used unlawfully in taking wild animals or birds constitutes a separate offense.

(b)        Any taking of a wild animal or bird in wilful violation of this Article or in wilful violation of any restrictions imposed by the Commissioner of Agriculture, the Structural Pest Control Committee, the Pesticide Board, or the Wildlife Resources Commission is punishable under G.S. 113-262(a). For the purposes of prosecutions under that subsection, the term 'poison' includes pesticides.

(c)        Any person taking a wild animal or bird declared a pest with the use of poison or pesticide who neglects to observe applicable restrictions imposed by the Commissioner of Agriculture, the Structural Pest Control Committee, the Pesticide Board, or the Wildlife Resources Commission is guilty of a misdemeanor. Unless a greater penalty is prescribed for the offense in question, any person convicted under this subsection is punishable by a fine of not more than one hundred dollars ($100.00), imprisonment not to exceed 30 days, or both.

"ARTICLE 23.

"Administrative Provisions; Regulatory Authority of Wildlife Resources Commission.

"§ 113-301.  Filing and publication of regulations. — (Repealed.)

"§ 113-301.1.  Wildlife Resources Commission obligated to make efforts to notify members of the public who may be affected by operative provisions of statutes and regulations. — (a) The Wildlife Resources Commission must prepare and distribute to license agents informational materials relating to hunting, fishing, trapping, and boating laws and regulations administered by the Wildlife Resources Commission. The materials furnished an agent should be appropriate to the types of licenses he customarily handles, and in a quantity reasonably anticipated to be sufficient to meet the needs of licensees obtaining licenses from the agent.

(b)        In issuing new licenses and permits from the Raleigh office by mail, the Wildlife Resources Commission must generally inform the licensee or permittee of governing provisions of law and regulations applicable to the type of license or permit secured. In issuing renewal licenses and permits by mail, the Wildlife Resources Commission must inform the licensee or permittee of any substantial changes in the law or regulations which may affect the activities of the licensee or permittee.

(c)        After adopting regulations which impose new restrictions upon the activities of members of the public who do not normally hold licenses or permits to engage in the activity in question, the Wildlife Resources Commission must take appropriate steps to publicize the new restrictions. These steps may include press releases to the media, informing local authorities, and other forms of communication that give promise of reaching the segment of the public affected.

(d)        After adopting new restrictions on hunting, fishing, trapping, or boating at a time other than when usual annual changes in the regulations affecting those activities are adopted, the Wildlife Resources Commission must take appropriate steps to publicize the new restrictions in a manner designed to reach persons who may be affected.

"§ 113-302.  Prima facie evidence provisions. — (a) Except as provided below, possession of game or game fish in any hotel, restaurant, cafe, market, or store, or by any produce dealer, constitutes prima facie evidence of possession for the purpose of sale. This subsection does not apply to:

(1)        possession of propagated game birds or hatchery-reared trout that is in accordance with licensing requirements and wrapping or tagging provisions that may apply; or

(2)        game or game fish brought in by patrons in accordance with G.S. 113‑276(i).

(b)        The flashing or display of any artificial light between a half hour after sunset and a half hour before sunrise in any area which is frequented or inhabited by wild deer by any person who has accessible to him a firearm, crossbow, or other bow and arrow constitutes prima facie evidence of taking deer with the aid of an artificial light. This subsection does not apply to the headlights of any vehicle driven normally along any highway or other public or private roadway.

"§ 113-302.1.  Inspection of licensed or commercial premises; authority to secure inspection warrants. — (a) Protectors are authorized to enter and make a reasonable inspection at an appropriate time of day of any premises in which a person subject to administrative control under G.S. 113-276.2 conducts his operations to determine whether any wildlife on the premises is possessed in accordance with applicable laws and regulations, required records are being kept, and other legal requirements are being observed. It is an appropriate time of day for inspection if the establishment is open for business or if a proprietor or employee is on the premises.

(b)        In cases not controlled by subsection (a), protectors who believe that wildlife may be on the premises of any public refrigeration storage plant, meat shop, store, produce market, hotel, restaurant, or other public food-storage or eating place may request permission to enter the nonpublic areas of the premises to make a reasonable inspection to determine whether any wildlife on the premises is possessed in accordance with applicable laws and regulations. If the person in charge of the premises refuses the inspection request of a protector, he is authorized to procure and execute an administrative search warrant issued under the terms of Article 4A of Chapter 15 of the General Statutes or under any successor legislation.

(c)        In cases controlled by subsection (a), an administrative search warrant may be secured in the protector's discretion or if case law requires it. Nothing in this section is intended to prevent a lawful search of premises, with or without a search warrant under Chapter 15A of the General Statutes, when the circumstances so justify.

"§ 113-303.  Arrest, service of process, and witness fees of protectors. — (No change.)

"§ 113-304.  Reciprocal agreements by Wildlife Resources Commission. — (No change.)

"§ 113-305.  Cooperative agreements by Wildlife Resources Commission. — (No change.)

"§ 113-306.  Administrative authority of Wildlife Resources Commission; disposition of license funds; delegation of powers; injunctive relief. — (a) (No change.)

(b)        (No change.)

(c)        (No change.)

(d)        (No change.)

(e)        Subject to any policy directives adopted by the members of the Wildlife Resources Commission, the executive director in his discretion may institute an action in the name of the Wildlife Resources Commission in the appropriate court for injunctive relief to prevent irreparable injury to wildlife resources or to prevent or regulate any activity within the jurisdiction of the Wildlife Resources Commission which constitutes a public nuisance or presents a threat to public health or safety.

"§ 113-307.  Adoption of federal laws and regulations. — (No change.)

"§ 113-307.1.  Legislative assent to specific federal acts. (a) The consent of the General Assembly of North Carolina is hereby given to the making by the Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game and nongame birds, and fish on such lands in the western part of North Carolina as shall have been, or may hereafter be, purchased by the United States under the terms of the act of Congress of March 1, 1911, entitled 'An act to enable any state to cooperate with any other state or states, or with the United States, for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purposes of conserving the navigability of navigable rivers' (36 Stat. 961), and acts of Congress supplementary thereto and amendatory thereof, and in or on the waters thereon.

Nothing in this subsection shall be construed as conveying the ownership of wildlife from the State of North Carolina or permit the trapping, hunting, or transportation of any game animals, game or nongame birds, or fish by any person, including any agency, department, or instrumentality of the United States or agents thereof, on the lands in North Carolina, as shall have been or may hereafter be purchased by the United States under the terms of any act of Congress, except in accordance with the provisions of this Subchapter and its implementing regulations. Provided, that the provisions of G.S. 113-39 apply with respect to licenses.

Any person, including employees or agents of any department or instrumentality of the United States, violating the provisions of this subsection is guilty of a misdemeanor punishable in the discretion of the court.

(b)        The State of North Carolina hereby assents to the provisions of the act of Congress entitled 'An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes', approved September 2, 1937 (Public Law 415, 75th Congress), and the Wildlife Resources Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the Secretary of Agriculture thereunder; and no funds accruing to the State of North Carolina from license fees paid by hunters shall be diverted for any other purpose than the protection and propagation of game and wildlife in North Carolina and administration of the laws enacted for such purposes, which laws are and shall be administered by the Wildlife Resources Commission.

(c)        Assent is hereby given to the provisions of the act of Congress entitled 'An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes', approved August 9, 1950 (Public Law 681, 81st Congress), and the Wildlife Resources Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the Secretary of the Interior thereunder; and no funds accruing to the State of North Carolina from license fees paid by fishermen shall be directed for any other purpose than the administration of the Wildlife Resources Commission and for the protection, propagation, preservation, and investigation of fish and wildlife.

(d)        If as a precondition to receiving funds under any cooperative program there must be a separation of license revenues received from certain classes of licensees and utilization of such revenues for limited purposes, the Wildlife Resources Commission is directed to make such arrangements for separate accounting within the Wildlife Resources Fund, or for separate funding, as may be necessary to insure the use of the revenues for the required purposes and eligibility for the cooperative funds. This subsection applies whether the cooperative program is with a public or private agency and whether the Wildlife Resources Commission acts alone on behalf of the State or in conjunction with some other State agency.

"Articles 23A and 23B. (No change.)

"ARTICLE 24.

"Miscellaneous Transitional Provisions.

"§ 113-316.  General statement of purpose and effect of revisions of Subchapter IV made in 1965 and 1979. — To clarify the conservation laws of the State and the authority and jurisdiction of the Department of Natural Resources and Community Development and the North Carolina Wildlife Resources Commission: commercial fishing waters are renamed coastal fishing waters and the department is given jurisdiction over and responsibility for the marine and estuarine resources in coastal fishing waters; the laws pertaining to commercial fishing operations and marine fishing and fisheries regulated by the department are consolidated and revised generally and broadened to reflect the jurisdictional change respecting coastal fisheries; laws relating to the conservation of wildlife resources administered by the Wildlife Resources Commission are consolidated and revised; and the enforcement authority of marine fisheries inspectors and wildlife protectors is clarified, including the authority of wildlife protectors over boating and other activities other than conservation within the jurisdiction of the Wildlife Resources Commission.

"§ 113-317.  (Repealed.)

G.S. 113-318 to G.S. 113-320. (Repealed by Session Laws 1973, c. 1262, s. 28.)

"§ 113-321.  Retention of boundary line between inland and commercial fishing waters; application of provisions as to commercial fishing waters; regulation of fishing in joint fishing waters. — (Repealed.)

"§ 113-322.  River designated as commercial fishing water. — (Repealed.)

G.S. 113-323 to G.S. 113-330. (Reserved for future codification purposes.)

"ARTICLE 25.

G.S. 113-331 to G.S. 113-377. (Reserved for future codification purposes.)

"ARTICLE 26.

G.S. 113-377.1 to G.S. 113-377.7. (Transferred to G.S. 113-252 to G.S. 113-258 by Session Laws 1965, c. 957.)"

Sec. 2.  The repeal of Article 6 and Subchapters IIA and III and of parts of Subchapter IV of Chapter 113 of the General Statutes and of all special, local, and private acts and ordinances regulating the conservation of wildlife resources is made subject to such temporary retention of local acts and former provisions of Chapter 113 of the General Statutes as may be specified in Subchapter IV. The repeal of acts which themselves repeal former acts is not intended to revive the former acts.

Sec. 3.  G.S. 160A-188 is rewritten to read as follows:

"§ 160A-188.  Bird sanctuaries. — A city may by ordinance create and establish a bird sanctuary within the city limits. The ordinance may not protect any birds classed as a pest under Article 22A of Chapter 113 of the General Statutes and the Structural Pest Control Act of North Carolina of 1955 or the North Carolina Pesticide Law of 1971. When a bird sanctuary has been established, it shall be unlawful for any person to hunt, kill, trap, or otherwise take any protected birds within the city limits except pursuant to a permit issued by the North Carolina Wildlife Resources Commission under G.S. 113-274(c)(1a) or under any other license or permit of the Wildlife Resources Commission specifically made valid for use in taking birds within city limits."

Sec. 4.  G.S. 66-58(b)(9) is amended to add the following sentence:

"The North Carolina Wildlife Resources Commission may sell wildlife memorabilia as a service to members of the public interested in wildlife conservation."

Sec. 5.  G.S. 113-24 is repealed.

Sec. 6.  G.S. 113-39 is amended to delete the reference to "G.S. 113-113" and to substitute "G.S. 113-307.1(a)".

Sec. 7.  The last sentence of G.S. 143-246 is repealed.

Sec. 8.  As the substance of G.S. 143-254.1 is restated in G.S. 113-307.1(c) under the provisions of this act, G.S. 143-254.1 is repealed.

Sec. 9.  G.S. 75A-16 is repealed.

Sec. 10.  G.S. 143-442(h) is rewritten to read as follows:

"(h)       A pesticide may be registered by the board for experimental use, including use to control wild animal or bird populations, even though the Wildlife Resources Commission may not have concurred in the declaration of the animal or bird populations as pests under the terms of Article 22A of Chapter 113 of the General Statutes."

Sec. 11.  The provisions of Article 10A of Chapter 113 of the General Statutes are transferred to Chapter 14 of the General Statutes as Article 22A of that Chapter, to consist of G.S. 14-159.1 to G.S. 14-159.4. In addition, the following section is added to the Article:

"§ 14-159.5.  Enforcement of Article by peace officers; wildlife protectors authorized to execute process. — This Article may be enforced by deputy sheriffs and other peace officers with general subject-matter jurisdiction. Law enforcement officers of the North Carolina Wildlife Resources Commission may execute process issued by the court for violations of this Article."

Sec. 12.  G.S. 15A-1343(b) is amended to add a new subdivision (16b) to read as follows:

"(16b)  Compensate the Department of Natural Resources and Community Development or the North Carolina Wildlife Resources Commission, as the case may be, for the replacement costs of any marine and estuarine resources or any wildlife resources which were taken, injured, removed, harmfully altered, damaged, or destroyed as a result of a criminal offense of which the defendant was convicted. If any investigation is required by officers or agents of the Department of Natural Resources and Community Development or the Wildlife Resources Commission in determining the extent of the destruction of resources involved, the court may include compensation of the agency for investigative costs as a condition of probation. This subdivision does not apply in any case governed by G.S. 143-215.3(a)(7)."

Sec. 13.  G.S. 103-2 is amended to add at the end a sentence as follows: "Wildlife protectors are granted authority to enforce the provisions of this section."

Sec. 14.  Notwithstanding G.S. 113-133.1(b), Chapter 565 of the Session Laws of 1977 is retained in effect. The following local conservation acts which specify that they must be specifically repealed are so repealed: Chapters 434 and 441 of the Session Laws of 1977. To provide for their retention or repeal in accordance with provisions applying to all other local wildlife acts, the following acts are amended to repeal the cited sections: Section 11, Chapter 258, Session Laws of 1969; and Section 4, Chapter 585, Session Laws of 1977.

Sec. 15.  Chapter 106 of the General Statutes of North Carolina is amended to add a new Article as follows:

"ARTICLE 49G.

"Production and Sale of Pen-Raised Quail.

"§ 106-549.91.  Regulation of pen-raised quail by Department of Agriculture; certain authority of North Carolina Wildlife Resources Commission not affected. (a) The North Carolina Department of Agriculture is given exclusive authority to regulate the production and sale of pen-raised quail for food purposes. The Board of Agriculture shall promulgate rules and regulations for the production and sale of pen-raised quail for food purposes in such a manner as to provide for close supervision of any person, firm, or corporation producing and selling pen-raised quail for food purposes.

(b)        The North Carolina Wildlife Resources Commission shall retain its authority to regulate the possession and transportation of live pen-raised quail."

Sec. 16.  The Michie Company or any successor organization publishing the codification of North Carolina statutes following the adoption of this act is directed to reprint the Articles of Subchapter IV of Chapter 113 of the General Statutes amended by this act in their entirety in the pocket supplement to the volume containing Chapter 113 of the General Statutes.

Sec. 17.  The provisions of this act generally take effect July 1, 1980. Those provisions that specifically apply to annual licenses which expire on July 31 of each year take effect on August 1, 1980. Persons exercising rights under annual licenses renewable each January 1 on the effective date of this act, however, may continue to utilize those licenses until their expiration subject to the provisions of this act relating to restrictions upon and suspension, revocation, and termination of licenses. The North Carolina Wildlife Resources Commission may administratively provide for the continued use or the orderly replacement, or both, of permanent licenses and permits outstanding upon the effective date of this act. The Wildlife Resources Commission is empowered to promulgate regulations and take administrative actions to implement the provisions of this act as may be necessary prior to the effective dates set out in this section. Immediately upon ratification the commission may expend funds available to it to initiate the studies of fox and fur-bearer populations mandated by G.S. 113-291.4(e). The falconry provisions of this act and G.S. 113-291.l(e1) take effect July 1, 1979.

In the General Assembly read three times and ratified, this the 7th day of June, 1979.