reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 20 - Miscellaneous Regulatory Provisions. › § 113-263 - Inspecting plans and specifications of dams.

§ 113-263. Inspecting plans and specifications of dams.
The Department and the Wildlife Resources Commission, in addition to other agencies primarily responsible, may inspect the plans and specifications of all dams proposed to be built, in North Carolina or elsewhere within the United States, the design or proposed mode of construction of which may have an adverse effect upon fish within the State. The Department or the Wildlife Resources Commission, as the case may be, may be heard before the appropriate agency charged with approving said plans and specifications, and due consideration shall be given to said Department or Wildlife Resources Commission in the approval or disapproval of the plans and specifications of proposed dams by the agencies so charged with said duty. (1965, c. 957, s. 2; 1973, c. 1262, s. 18.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 20 - Miscellaneous Regulatory Provisions. › § 113-265 - Obstructing or polluting flow of water into hatchery; throwing fish offal into waters.

§ 113-265. Obstructing or polluting flow of water into hatchery; throwing fish offal into waters.
(a) No person may obstruct, pollute, or diminish the natural flow of water into or through any fish hatchery in violation of the requirements of the Environmental Management Commission.
(b) It is unlawful for any person to throw or cause to be thrown into the channel of any navigable waters fish offal in any quantity likely to hinder or prevent the passage of fish along such channel. The Marine Fisheries Commission and the Wildlife Resources Commission may by rule impose further restrictions upon the throwing of fish offal in any coastal fishing waters or inland fishing waters respectively.
(c) to (e) Repealed by Session Laws 1987, c. 636, s. 2. (1883, c. 137, s. 5; Code, ss. 3385, 3386, 3389, 3407, 3418; Rev., ss. 2444, 2465, 2478; C.S., ss. 1969, 1971, 1972; 1959, c. 405; 1965, c. 957, s. 2; 1971, c. 690, s. 4; 1973, c. 1262, ss. 18, 28; 1985 (Reg. Sess., 1986), c. 996, s. 3; 1987, c. 636, s. 2; c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 20 - Miscellaneous Regulatory Provisions. › § 113-266 - Interference with artificial reef marking devices.

§ 113-266. Interference with artificial reef marking devices.
It shall be a Class 1 misdemeanor for any person to destroy, injure, relocate, or remove any navigational aids, buoys, markers, or other devices lawfully set out by the Division of Marine Fisheries in connection with the marking of any artificial reef in the coastal waters of the State and in the Atlantic Ocean to the seaward extent of the State's jurisdiction as now or hereafter defined. (1985 (Reg. Sess., 1986), c. 996, s. 1; 1993, c. 539, s. 848; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 20 - Miscellaneous Regulatory Provisions. › § 113-267 - Replacement costs of marine, estuarine, and wildlife resources; rules authorized; prima facie evidence.

§ 113-267. Replacement costs of marine, estuarine, and wildlife resources; rules authorized; prima facie evidence.
To provide information to the courts and other officials taking action under G.S. 15A-1343(b1)(5), 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 rules 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 rules 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. Rules 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 rules 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 rules. 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. (1979, c. 830, s. 1; 1985, c. 509, s. 7; 1987, c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 20 - Miscellaneous Regulatory Provisions. › § 113-268 - Injuring, destroying, stealing, or stealing from nets, seines, buoys, pots, etc.

§ 113-268. Injuring, destroying, stealing, or stealing from nets, seines, buoys, pots, etc.
(a) It is unlawful for any person without the authority of the owner of the equipment to take fish from nets, traps, pots, and other devices to catch fish which have been lawfully placed in the open waters of the State.
(b) It is unlawful for any master or other person having the management or control of a vessel in the navigable waters of the State to willfully, wantonly, and unnecessarily do injury to any seine, net or pot which may lawfully be hauled, set, or fixed in such waters for the purpose of taking fish except that a net set across a channel may be temporarily moved to accommodate persons engaged in drift netting, provided that no fish are removed and no damage is done to the net moved.
(c) It is unlawful for any person to willfully steal, destroy, or injure any buoys, markers, stakes, nets, pots, or other devices on property lawfully set out in the open waters of the State in connection with any fishing or fishery.
(d) Violation of subsections (a), (b), or (c) is a Class A1 misdemeanor.
(e) The Department may, either before or after the institution of any other action or proceeding authorized by this section, institute a civil action for injunctive relief to restrain a violation or threatened violation of subsections (a), (b), or (c) of this section pursuant to G.S. 113-131. The action shall be brought in the superior court of the county in which the violation or threatened violation is occurring or about to occur and shall be in the name of the State upon the relation of the Secretary. The court, in issuing any final order in any action brought pursuant to this subsection may, in its discretion, award costs of litigation including reasonable attorney and expert-witness fees to any party. (1987, c. 636, s. 1; 1989, c. 727, s. 112; 1993, c. 539, s. 849; 1994, Ex. Sess., c. 24, s. 14(c); 1998-225, s. 3.9.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 20 - Miscellaneous Regulatory Provisions. › § 113-269 - Robbing or injuring hatcheries and other aquaculture operations.

§ 113-269. Robbing or injuring hatcheries and other aquaculture operations.
(a) The definitions established in G.S. 106-758 are incorporated by reference into this section. For the purposes of this section, a shellfish lease issued pursuant to G.S. 113-202 is defined as an aquaculture facility only when it has been amended pursuant to G.S. 113-202.1 to authorize use of the water column and when it is or has been regularly posted and identified in accordance with the rules of the Marine Fisheries Commission.
(b) It is unlawful for any person without the authority of the owner of an aquaculture facility to take fish or aquatic species being cultivated or reared by the owner from an aquaculture facility.
(c) It is unlawful for any person to receive or possess fish or aquatic species stolen from an aquaculture facility while knowing or having reasonable grounds to believe that the fish or aquatic species are stolen.
(d) It is unlawful for any person to willfully destroy or injure an aquaculture facility or aquatic species being reared in an aquaculture facility.
(e) Violation of subsections (b) or (c) for fish or aquatic species valued at more than four hundred dollars ($400.00) is punishable under G.S. 14-72. Violation of subsections (b) or (c) for fish or aquatic species valued at four hundred dollars ($400.00) or less is a Class 1 misdemeanor.
(f) Violation of subsection (d) is a Class 1 misdemeanor.
(g) In deciding to impose any sentence other than an active prison sentence, the sentencing judge shall consider and may require, in accordance with G.S. 15A-1343, restitution to the victim for the amount of damage to the aquaculture facility or aquatic species or for the value of the stolen fish or aquatic species.
(h) The district attorney shall dismiss any case brought pursuant to subsections (b) and (c) if defendant produces a notarized written authorization for taking fish or aquatic species from the aquaculture facility or if the fish or aquatic species taken from a shellfish lease aquaculture facility was not a shellfish authorized for cultivation on the lease. (1989, c. 281, s. 1; 1993, c. 539, ss. 850, 851; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 20 - Miscellaneous Regulatory Provisions. › § 113-270 - Use of oyster shells by landscape contractors prohibited.

§ 113-270. Use of oyster shells by landscape contractors prohibited.
(a) No landscape contractor shall use oyster shells as a ground cover.
(b) Enforcement of the prohibition set forth in this section shall be under the jurisdiction of the Marine Fisheries Commission.
(c) For purposes of this section, landscape contractor shall have the definition set forth in G.S. 89D-11. (2015-241, s. 14.7(a).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-270.1B - License required to hunt, fish, or trap; fees set by Commission.

§ 113-270.1B. License required to hunt, fish, or trap; fees set by Commission.
(a) Except as otherwise specifically provided by law, no person may hunt, fish, trap, or participate in any other activity regulated by the Wildlife Resources Commission for which a license is provided by law without having first procured a current and valid license authorizing the activity.
(b) Except as indicated otherwise, all licenses, permits, stamps, and certifications are valid from the date of issue for a period of 12 months.
(c) As used in this section, the term "effective date" means the later of:
(1) The date of purchase of a new license.
(2) The first day after the expiration of a currently valid license of the same type held by the licensee.
(d) Repealed by Session Laws 2022-74, s. 15.3(e), effective July 1, 2023.
(e) The Wildlife Resources Commission shall adopt rules to establish fees for all licenses, permits, stamps, and certifications issued and administered by the Wildlife Resources Commission, except those specified in G.S. 113-173. No rule may increase a fee in excess of the total increase in the Consumer Price Index for All Urban Consumers, rounded up to the next whole dollar, over the period of time since the last fee change.
The statutory fees for the hunting, fishing, trapping, and activity licenses issued and administered by the Wildlife Resources Commission shall expire when the rules adopted pursuant to this subsection become effective. (1993 (Reg. Sess., 1994), c. 684, s. 1; 2012-81, s. 1; 2013-283, ss. 16, 20(b), (c); 2017-57, s. 13A.3; 2019-204, s. 6(a); 2022-74, s. 15.3(e).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-270.1C - Combination hunting and inland fishing licenses.

§ 113-270.1C. Combination hunting and inland fishing licenses.
(a) The combination hunting and inland fishing licenses set forth in subsection (b) of this section entitle the licensee to take all wild birds and wild animals, other than big game and waterfowl, by all lawful methods, except trapping, and in all open seasons, and to fish with hook and line in all inland and joint fishing waters, and public mountain trout waters, but does not entitle the licensee to engage in fishing in coastal fishing waters. A combination hunting and inland fishing license issued under this section entitles the licensee to access and use Wildlife Resources Commission Property.
(b) Combination hunting and inland fishing licenses issued by the Wildlife Resources Commission are:
(1) Resident Annual Combination Hunting and Inland Fishing License – $35.00. This license shall be issued only to an individual resident of the State.
(2), (3) Repealed by Session Laws 1997-326, s. 2.
(4) Repealed by Session Laws 2005-455, s. 1.6, effective January 1, 2007.
(5) Resident Disabled Veteran Lifetime Combination Hunting and Inland Fishing License – $10.00. This license shall be issued only to an individual who is a resident of the State and who is a fifty percent (50%) or more disabled veteran as determined by the United States Department of Veterans Affairs. This license remains valid for the lifetime of the licensee.
(6) Resident Totally Disabled Lifetime Combination Hunting and Inland Fishing License – $10.00. This license shall be issued only to an individual who is a resident of the State and who is totally and permanently disabled as determined by the Social Security Administration. This license remains valid for the lifetime of the licensee. (1993 (Reg. Sess., 1994), c. 684, s. 1; 1997-326, ss. 2, 3; 2001-91, s. 1; 2005-455, s. 1.6; 2013-283, s. 1; 2019-204, s. 6(b).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-270.2A - Voluntary contribution to hunter education program.

§ 113-270.2A. Voluntary contribution to hunter education program.
(a) A person applying for a hunting license may make a voluntary contribution to the Wildlife Resources Commission for the purpose of funding a hunter education program.
(b) The Wildlife Resources Commission shall devise administrative procedure for the collection of all contributions donated pursuant to the provisions of this act and shall collect and use the contributions to fund and provide for a hunter education program. (1979, c. 764, ss. 1, 2; 1987, c. 827, s. 98; 2013-63, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-270.2B - Voluntary migratory waterfowl conservation print.

§ 113-270.2B. Voluntary migratory waterfowl conservation print.
(a) The Wildlife Resources Commission has exclusive production rights for the voluntary migratory waterfowl conservation print, and is authorized to adopt policy for the annual selection of an appropriate design for the print and to have the print produced for sale. This policy may include ownership rights of the original art selected; arrangements for the reproduction, distribution and marketing of prints; and provisions for sharing the resulting revenues.
(b) The proceeds accruing to the Commission from its share of the voluntary migratory waterfowl conservation prints shall be used by the Commission for the benefit of migratory waterfowl management in North Carolina. (1981 (Reg. Sess., 1982), c. 1269; 1987, c. 452, s. 1; c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-270.4 - Hunting and fishing guide license.

§ 113-270.4. Hunting and fishing guide license.
(a) No one may serve for hire as a hunting or fishing guide without having first procured a current and valid hunting and fishing guide license. This license is valid only for use by an individual meeting the criteria set by the Wildlife Resources Commission for issuance of the license subject to the limitations set forth in this section. Possession of the hunting and fishing guide license does not relieve the guide from meeting other applicable license requirements.
(b) The hunting and fishing guide licenses issued by the Wildlife Resources are:
(1) Resident Hunting and Fishing Guide License – $15.00. This license is valid for use only by an individual resident of the State.
(2) Nonresident Hunting and Fishing Guide License – $150.00. This license is valid for use by a nonresident individual in the State.
(c) The Wildlife Resources Commission may by rule provide for the qualifications and duties of hunting and fishing 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 and fishing guides, except that provisions relating to revocation of hunting and fishing guide licenses must be substantially set out in the rules of the Wildlife Resources Commission. (1935, c. 486, s. 12; 1937, c. 45, s. 1; 1945, c. 617; 1949, c. 1203, s. 1; 1957, c. 849, s. 1; 1959, c. 304; 1961, c. 834, s. 1; 1967, c. 790; 1969, c. 1030; c. 1042, ss. 1-5; 1971, c. 242, c. 282, s. 1; c. 705, ss. 1, 2; 1973, c. 1262, s. 18; 1975, c. 197, ss. 1-4; 1977, c. 658; 1979, c. 830, s. 1; 1981 (Reg. Sess., 1982), c. 1201, s. 3; 1983, c. 140, s. 4; 1987, c. 156, s. 6; c. 827, s. 98; 1991 (Reg. Sess., 1992), c. 989, s. 1; 1993, c. 553, s. 32.1; 2001-91, s. 4; 2013-283, s. 5.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-270.5 - Trapping licenses.

§ 113-270.5. Trapping licenses.
(a) Except as otherwise specifically provided by law, no person may take wild animals by trapping during open trapping seasons without a valid trapping license.
(b) The trapping licenses issued by the Wildlife Resources Commission are as follows and entitle the licensee to access and use Wildlife Resource Commission Property:
(1) Resident State Trapping License – $30.00. This license is valid only for use by an individual resident of the State.
(1a) Resident Lifetime Trapping License – $300.00. This license shall be issued only to an individual resident of the State and is valid for the lifetime of the licensee.
(2) Repealed by Session Laws 2013-283, s. 6, effective August 1, 2014.
(3) Nonresident State Trapping License – $125.00. This license is valid for use by an individual within the State. (1929, c. 278, s. 3; 1969, c. 1042, s. 6; 1973, c. 1262, s. 18; 1975, c. 197, ss. 9-11; 1979, c. 830, s. 1; 1981 (Reg. Sess., 1982), c. 1201, s. 4; 1983, c. 140, s. 5; 1987, c. 156, s. 7; c. 827, s. 98; 2001-91, s. 5; 2013-283, s. 6; 2019-204, s. 6(f).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-272.2 - Special device licenses.

§ 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) Repealed by Session Laws 2001-91, s. 7, effective July 1, 2001.
(c) The special device licenses issued by the Wildlife Resources Commission are as follows:
(1) Repealed by Session Laws 2013-283, s. 9, effective August 1, 2014.
(1a) Resident Special Device License – $75.00. Except as rules 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 rules 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. Nongame fish lawfully taken under this license may be sold.
(2) Repealed by Session Laws 2013-283, s. 9, effective August 1, 2014.
(2a) Nonresident Special Device License – $500.00. Except as rules 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 within the State. It is otherwise subject to the terms and conditions set out in subdivision (1a) of this subsection.
(3), (4) Repealed by Session Laws 1987, c. 156, s. 11.
(d) Repealed by Session Laws 1995, c. 36, s. 2. (1979, c. 830, s. 1; 1981, c. 620, s. 2; 1981 (Reg. Sess., 1982), c. 1201, s. 7; 1983, c. 140, s. 8; 1987, c. 156, ss. 11, 12; c. 827, s. 98; 1993 (Reg. Sess., 1994), c. 778, s. 1; 1995, c. 36, s. 2; 2001-91, s. 7; 2013-283, s. 9.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-272.6 - Possession, Transportation, Importation, and Exportation of non-farmed cervids.

§ 113-272.6. Possession, Transportation, Importation, and Exportation of non-farmed cervids.
(a) The Wildlife Resources Commission shall regulate the possession and transportation, including importation and exportation, of non-farmed cervids, including game carcasses and parts of game carcasses extracted by hunters and carcasses and parts of carcasses imported from hunt facilities as defined by USDA Standards. For purposes of this section, the term "non-farmed cervid" has the same meaning as in G.S. 106-549.97. The Commission shall follow the USDA Standards as defined in G.S. 106-549.97 and the provisions set forth in 9 C.F.R. Part 55 and 9 C.F.R. Part 81 in the implementation of this section and shall not adopt any rule or standard that is in conflict with, in lieu of, or more restrictive than the USDA Standards. The Commission shall adopt rules to implement this section, including requirements for transportation, importation, and exportation permits. Notwithstanding any other provision of law, the Commission may charge a fee of up to fifty dollars ($50.00) for the processing of applications for transportation, importation, and exportation permits, and the renewal or modification of those permits. The fees collected shall be applied to the costs of administering this section.
(b) The Wildlife Resources Commission shall notify every applicant for a permit that any permit issued is subject to the applicant's compliance with the Department of Agriculture and Consumer Services' requirements for transportation pursuant to Article 34 of Chapter 106 of the General Statutes.
(c) The Department of Agriculture and Consumer Services shall regulate the production, sale, and transportation, including importation and exportation, of farmed cervids for commercial purposes and the licensing of farmed cervid facilities pursuant to G.S. 106-549.97. No action taken by the Wildlife Resources Commission shall in any way limit the authority of the Department of Agriculture and Consumer Services to regulate farmed cervids.
(d), (e) Repealed by Session Laws 2015-263, s. 14(b), effective September 30, 2015. (2003-344, s. 5; 2014-100, s. 14.26(e); 2015-263, s. 14(b).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21 - Licenses and Permits Issued by the Wildlife Resources Commission. › § 113-276.1 - Regulatory authority of Wildlife Resources Commission as to license requirements and exemptions.

§ 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 rules 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 for each tag furnished. The price of the big game hunting license includes the cost of big game tags. (1979, c. 830, s. 1; 1987, c. 827, s. 98; 2019-204, s. 6(p).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21A - Regulating Hunting and Fishing on the Registered Property of Another. › § 113-281 - Definitions.

§ 113-281. Definitions.
In addition to the definitions in Article 12 of this Chapter, the following definitions apply in this Article:
(1) Entry Permit. – The permit described in G.S. 113-283.
(2) Posted Property. – Registered property that is posted in substantial compliance with G.S. 113-282(d).
(3) Registered Property. – Property that has been accepted for registration by the Wildlife Resources Commission as provided in G.S. 113-282, and has not been deleted from registration.
(4) Registrant. – A current applicant of record for a tract of registered property. (1981, c. 854, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21A - Regulating Hunting and Fishing on the Registered Property of Another. › § 113-283 - Entry permits furnished by Wildlife Resources Commission.

§ 113-283. Entry permits furnished by Wildlife Resources Commission.
(a) Upon registration of property, the Executive Director must furnish the registrant with a reasonable number of standardized permit forms to be carried by individuals given permission to hunt or fish on the registered property. The Executive Director must establish a procedure for resupplying registrants with entry permits for their registered property as needed.
(b) To be valid, the entry permit must be issued and dated within the previous 12 months and signed by the registrant or an authorized agent whose signature is on file with the Wildlife Resources Commission. (1981, c. 854, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21A - Regulating Hunting and Fishing on the Registered Property of Another. › § 113-284 - Affirmative duty of sportsmen to determine if property is registered and posted.

§ 113-284. Affirmative duty of sportsmen to determine if property is registered and posted.
Every individual who enters the property of another to hunt or fish without first having obtained permission from an authorized person in control of hunting and fishing rights or his agent is under a duty to look for posted notices. In the apparent absence of such notices, the individual intending to enter is nevertheless under a duty to determine if practicable whether the property is registered under the terms of this Article. (1981, c. 854, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21A - Regulating Hunting and Fishing on the Registered Property of Another. › § 113-285 - Hunting or fishing on registered property of another without permission.

§ 113-285. Hunting or fishing on registered property of another without permission.
(a) No one may hunt or fish, or enter to hunt or fish, on the registered and posted property of another without having in possession a valid entry permit issued to him.
(b) No one may hunt or fish, or enter to hunt or fish, on the registered property of another without having in possession a valid entry permit issued to him if he has reason to know the property had been posted.
(c) A violation of this section is a misdemeanor punishable as provided in G.S. 113-135. (1981, c. 854, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21A - Regulating Hunting and Fishing on the Registered Property of Another. › § 113-286 - Removal, destruction, or mutilation of posted notices.

§ 113-286. Removal, destruction, or mutilation of posted notices.
Unauthorized removal, destruction, or mutilation of posted notices on registered property is a Class 2 misdemeanor. (1981, c. 854, s. 1; 1993, c. 539, s. 859; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21A - Regulating Hunting and Fishing on the Registered Property of Another. › § 113-287 - General provisions pertaining to enforcement of Article.

§ 113-287. General provisions pertaining to enforcement of Article.
(a) If property is registered, the original or a true copy of the application and all supporting items are admissible in evidence. The registrant's affidavit that he has the right to control hunting, fishing, or hunting and fishing on the registered property constitutes prima facie evidence of the facts so asserted. The description filed with the application constitutes prima facie evidence of the boundaries of the registered property.
(b) If an individual hunts or fishes, or enters to hunt or fish, on registered property that is or had been posted, any registrant or his agent, any landholder of that property, and any protector or other law-enforcement officer may request that the individual produce a valid entry permit.
(c) In addition to protectors, it is the duty of sheriffs and their deputies, county police officers, and other law-enforcement officers with general enforcement jurisdiction to investigate reported violations of this Article and to initiate prosecutions when they determine that violations have occurred.
(d) Any entry permit issued to an individual does not substitute for any required hunting or fishing license. (1981, c. 854, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21B - Criminally Negligent Hunting. › § 113-290 - Unlawful use of firearms.

§ 113-290. Unlawful use of firearms.
It is unlawful for any person, while hunting or taking wild animals or wild birds as those terms are defined in G.S. 113-129 and G.S. 113-130, to discharge a firearm:
(1) Carelessly and heedlessly in wanton disregard for the safety of others; or
(2) Without due caution or circumspection, and in a manner so as to endanger any person or property;
and resulting in property damage or bodily injury. (1991, c. 748, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 21B - Criminally Negligent Hunting. › § 113-290.1 - Penalties.

§ 113-290.1. Penalties.
(a) A person who violates the provisions of this Article is guilty of a misdemeanor punishable as follows:
(1) If property damage only results from the unlawful activity, a Class 2 misdemeanor, and the court shall order the payment of restitution to the property owner;
(2) If bodily injury not leading to the disfigurement or total or partial permanent disability of another person results from the unlawful activity, a Class 1 misdemeanor; if property damage also results from the unlawful activity, the court shall order the payment of restitution to the property owner;
(3) If bodily injury leading to the disfigurement or total or partial permanent disability of another person results from the unlawful activity, a Class 1 misdemeanor; if property damage also results from the unlawful activity, the court shall order the payment of restitution to the property owner;
(4) If death results from the unlawful activity, a Class 1 misdemeanor; if property damage also results from the unlawful activity, the court shall order the payment of restitution to the property owner.
(b) The fact that a person was impaired at the time of a violation of this Article shall be an aggravating factor and the court shall impose an additional fine and/or imprisonment in accordance with (a)(2) above in cases not resulting in bodily injury and in accordance with (a)(4) above in cases resulting in bodily injury. For purposes of this section, "impaired" means being under the influence of an impairing substance, or having consumed sufficient alcohol so that the person has, at any relevant time after the offense, an alcohol concentration of .10 or above.
(c) In addition to the penalties provided in (a), upon conviction of a violation of this Article, the Wildlife Resources Commission shall suspend all hunting privileges of:
(1) A person convicted under (a)(1) for one year;
(2) A person convicted under (a)(2) for three years; and
(3) A person convicted under (a)(3) or (a)(4) for five years.
(d) A person convicted of hunting or taking wild animals or wild birds while his hunting license is suspended under this section shall be guilty of a Class 1 misdemeanor, and shall have all hunting privileges suspended for an additional five years. The person shall not be issued another hunting license until he has satisfactorily completed the hunter safety course established in G.S. 113-270.1A.
(e) This Article shall be enforced by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction.
(f) A violation of this Article resulting in the death of another person constitutes a separate and distinct offense from, and is not a lesser included offense of, the crime of involuntary manslaughter. (1991, c. 748; 1993, c. 539, ss. 860, 861; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291 - General restrictions.

§ 113-291. General restrictions.
Except as specifically permitted in this Subchapter or in rules made under the authority of this Subchapter, no person may take, possess, buy, sell, or transport any wildlife – whether 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 rules of the Wildlife Resources Commission. (1965, c. 957, s. 2; 1979, c. 830, s. 1; 1987, c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.1A - Computer-assisted remote hunting prohibited.

§ 113-291.1A. Computer-assisted remote hunting prohibited.
(a) It is unlawful for a person to engage in computer-assisted remote hunting or provide or operate a facility that allows others to engage in computer-assisted remote hunting if the wild animal or wild bird being hunted or shot is located in this State.
(b) For purposes of this section "computer-assisted remote hunting" means the use of a computer or other device, equipment, or software, to remotely control the aiming and discharging of a firearm or other weapon, that allows a person, not physically present at the location of that firearm or other weapon, to hunt or shoot a wild animal or wild bird. (2005-62, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.4A - Open seasons for taking foxes with firearms.

§ 113-291.4A. Open seasons for taking foxes with firearms.
(a) There is an open season for the taking of foxes with firearms in all areas of the State east of Interstate Highway 77 and in Mitchell and Caldwell Counties from the beginning of the season established by the Wildlife Resources Commission for the taking of rabbits and quail through January 1 of each year. The selling, buying, or possessing for sale of any fox or fox part taken pursuant to this subsection is prohibited, and is punishable as provided by G.S. 113-294(a) or (j).
(b) The Wildlife Resources Commission shall establish appropriate bag and season limits that may be imposed upon the taking of foxes pursuant to this section, and may make reasonable rules governing the possession of foxes killed by motor vehicles or other accidental means. (1989, c. 616, s. 1; 1989 (Reg. Sess., 1990), c. 811; 1995, c. 32, s. 1; 1999-456, s. 32; 2017-102, s. 41.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.4B - Taking foxes and coyotes in certain counties.

§ 113-291.4B. Taking foxes and coyotes in certain counties.
(a) Notwithstanding any other provision of law, there is an open season for taking foxes with weapons and for foxes and coyotes by trapping during the trapping season set by the Wildlife Resources Commission each year, with no tagging requirements prior to or after sale.
(b) No bag limit applies to coyotes and foxes taken under this section.
(c) This section applies only to Cabarrus, Caldwell, Cleveland, Cumberland, Gaston, McDowell, Mitchell, Montgomery, Rowan, Rutherford, Stokes, and Yancey Counties. (2019-107, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 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.

§ 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 rules 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. (1979, c. 830, s. 1; 1987, c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.5A - Exemption from civil liability for landholder permitting retrieval of hunting dogs.

§ 113-291.5A. Exemption from civil liability for landholder permitting retrieval of hunting dogs.
(a) It is the intent of the General Assembly to recognize that hunting with dogs is a valuable part of the outdoor heritage of the State of North Carolina, and it is further the intent of the General Assembly to encourage cooperative and neighborly agreements between landowners and hunters to allow legal retrieval of hunting dogs.
(b) Any person, as an owner, lessee, occupant, or otherwise in control of land, who gives permission to a hunter to enter upon the land for the purpose of retrieving hunting dogs that have strayed onto the land owes that hunter the same duty of care the person owes a trespasser. (2015-144, s. 8.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.7 - Regulation of bears; limited retention of local acts closing bear seasons.

§ 113-291.7. Regulation of bears; limited retention of local acts closing bear seasons.
(a) 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 rules either opening a season in the county affected or carrying forward the closed-season provision.
(b) Any rule adopted by the Wildlife Resources Commission that regulates the taking of female bears with cubs or that regulates the taking or possession of cub bears shall define cub bears as bears weighing less than 75 pounds.
(c) Any hunter who has harvested a black bear (Ursus americanus) shall submit at least one premolar tooth to the Wildlife Resources Commission no later than January 31 following the applicable prior bear hunting season. The tooth submission shall include all of the following information on a form specified by the Wildlife Resources Commission:
(1) The hunter's name and mailing address.
(2) The hunter's Wildlife Resources Commission customer number and bear harvest authorization number.
(3) The sex of the harvested bear.
(4) The county of harvest.
(d) Violation of subsection (c) of this section shall be an infraction as provided in G.S. 14-3.1, punishable by a fine of thirty-five dollars ($35.00). A person responsible for an infraction under this subsection shall not be assessed court costs, but the Executive Director of the North Carolina Wildlife Resources Commission is authorized to revoke or refuse to issue bear e-stamp privileges for any individual guilty of an infraction for violations of subsection (c) of this section for two consecutive years or upon failure to pay outstanding infraction fines when required to do so. (1979, c. 830, s. 1; 1987, c. 827, s. 98; 2015-144, s. 6; 2021-160, s. 2(a).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.8 - Requirement to display hunter orange.

§ 113-291.8. Requirement to display hunter orange.
(a) Any person hunting game animals other than foxes, bobcats, raccoons, and opossum, or hunting upland game birds other than wild turkeys, or hunting feral swine, with the use of firearms, must wear a cap or hat on his head made of hunter orange material or an outer garment of hunter orange visible from all sides. Any person hunting deer during a deer firearms season shall wear hunter orange. Hunter orange material is a material that is a daylight fluorescent orange color.
This section does not apply to a landholder, his spouse, or children, who are hunting on land held by the landholder. This subsection shall be enforced by warning ticket only until October 1, 1992, with respect to those hunting rabbit, squirrel, grouse, pheasant, and quail.
(b) Any person violating this section during the 1987 big game hunting season shall be given a warning of violation only. Thereafter, any person violating this section has committed an infraction and shall pay a fine of twenty-five dollars ($25.00). An infraction is an unlawful act that is not a crime. The procedure for charging and trying an infraction is the same as for a misdemeanor, but conviction of an infraction has no consequence other than payment of a fine. A person convicted of an infraction may not be assessed court costs.
Wildlife Enforcement Officers are authorized to charge persons with the infraction created by this section.
(c) Failure to wear hunter orange material in violation of this section shall not constitute negligence per se or contributory negligence per se. (1987, c. 72, s. 1; 1991, c. 71, s. 1; 2007-401, s. 4; 2011-369, s. 5.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.9 - Taking of beaver.

§ 113-291.9. Taking of beaver.
(a) Notwithstanding any other law, there is an open season for taking beaver with firearms or bow and arrow during any open season for the taking of wild animals, provided that permission has been obtained from the owner or lessee of the land on which the beaver is being taken.
(b) Notwithstanding any other law, it is lawful to use or sell beaver parts taken under a depredation permit issued by the Wildlife Resources Commission.
(c) Notwithstanding G.S. 113-291.6(d) or any other law, it is lawful to set traps of the conibear type that have an inside jaw spread or opening (width or height) no larger than 26 inches in width and 12 inches in height if at least one-half of the trap is covered by water, when trapping beaver during the season for trapping beaver as established by the Wildlife Resources Commission.
(d) Notwithstanding G.S. 113-291.1(b)(2) or any other law, it is lawful to use snares when trapping beaver during the season for trapping beaver as established by the Wildlife Resources Commission.
(e) Repealed by Session Laws 1993, c. 33, s. 1.
(f) Notwithstanding any other provision of law, landowners whose property is or has been damaged or destroyed by beaver may take beaver on their property by any lawful method without obtaining a depredation permit from the Wildlife Resources Commission, and may obtain assistance from other persons in taking the depredating beaver by giving those persons permission to take beaver on the landowner's property.
(g) Repealed by Session Laws 1997-456, s. 53. (1991, c. 483, s. 3; 1993, c. 33, s. 1; 1995, c. 509, s. 56; 1997-97, s. 1; 1997-456, s. 53; 2007-401, s. 2; 2009-120, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.12 - Unlawful to remove live feral swine from traps.

§ 113-291.12. Unlawful to remove live feral swine from traps.
It is unlawful to remove feral swine from a trap while the swine is still alive or to transport the live swine after that removal. (2011-369, s. 6(a).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-291.13 - Application of wildlife laws to opossums.

§ 113-291.13. Application of wildlife laws to opossums.
No State or local statutes, rules, regulations, or ordinances related to the capture, captivity, treatment, or release of wildlife shall apply to the Virginia opossum (Didelphis virginiana) between the dates of December 29 of each year and January 2 of each subsequent year. (2015-73, s. 1.)