GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

SESSION LAW 2005-164

HOUSE BILL 1430

AN ACT to limit the penalty for obstructing a boat launching area.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 113-135.1 reads as rewritten:

"§ 113-135.1.  Limitation upon penalty for offense created by rules 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 rules of the Wildlife Resources Commission, the penalty for an offense which that is solely a violation of rules of the Wildlife Resources Commission is limited to a fine of ten dollars ($10.00) except that offenses as follows:

(1) Offenses set out in Sectionsubsection (b) of this section are punished punishable as set forth in G.S. 113-135 or other sections.sections of the General Statutes.

(2) A person who parks a vehicle in violation of a rule regulating the parking of vehicles at boating access or boating launch areas is responsible for an infraction and shall pay a fine of fifty dollars ($50.00).

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

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

(2)       Which That 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."

SECTION 2.  G.S. 113-264, as amended by S.L. 2005-82, is amended by adding a new subsection to read:

"(e) A wildlife protector or law enforcement officer of this State or its subdivisions may have a vehicle towed at a Commission-owned or operated public boating access area if the vehicle:

(1) Is parked in an area other than one designated for parking; or

(2) Is left by an individual for a purpose other than launching, operating, or retrieving a vessel."

SECTION 3.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 30^th day of June, 2005.

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 11:52 a.m. this 7^th day of July, 2005