reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-293 - Obstructing rivers or creeks; keeping open fishways in dams.

§ 113-293. Obstructing rivers or creeks; keeping open fishways in dams.
(a), (b) Repealed by Session Laws 1979, c. 830, s. 1.
(c) It is unlawful for any person in inland fishing waters:
(1) To set a net of any description across the main channel of any river or creek;
(2) To erect so as to extend more than three fourths of the distance across any river or creek any stand, dam, weir, hedge, or other obstruction to the passage of fish;
(3) To erect any stand, dam, weir, or hedge in any part of a river or creek required to be left open for the passage of fish; or,
(4) Having erected any dam where the same was allowed, to fail to make and keep open such slope or fishway as may be required by law to be kept open for the free passage of fish.
The provisions of this section may not be construed to conflict in any way with the laws and rules of any other agency with jurisdiction over the activity or subject matter in question. (Code, ss. 3387-3389; Rev., s. 2457; 1909, c. 466, s. 1; 1915, c. 84, s. 21; 1917, c. 290, s. 7; C.S., ss. 1878, 1974; 1925, c. 168, s. 2; 1935, c. 35; 1945, c. 776; 1951, c. 1045, s. 1; 1953, cc. 774, 1251; 1963, c. 1097, s. 1; 1965, c. 957, s. 2; 1973, c. 1262, s. 18; 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. › § 113-294.1 - Wildlife Poacher Reward Fund.

§ 113-294.1. Wildlife Poacher Reward Fund.
(a) There is established in the Office of the State Treasurer the Wildlife Poacher Reward Fund. Monies in the Fund shall be used to pay rewards to persons who provide information to the Wildlife Resources Commission or to law enforcement authorities that results in the arrest and conviction of persons who have committed criminal offenses involving the taking, injury, removal, damage, or destruction of wildlife resources. The Wildlife Resources Commission shall adopt rules for the administration of the Fund for these purposes.
(b) The assets of the Wildlife Poacher Reward Fund shall be derived from the following:
(1) A percentage of the compensation paid annually to the Commission as special conditions of offenders' probation in criminal cases involving the taking, injury, removal, damage, or destruction of wildlife pursuant to G.S. 15A-1343(b1)(5), to be set by the Commission at not less than ten percent (10%) of those amounts paid as replacement costs and investigative costs.
(2) All amounts paid to the Commission under G.S. 15A-1343(b1)(5) as compensation for rewards paid from the Fund.
(3) The proceeds of any gifts, grants, and contributions to the State which are specifically designated for inclusion in the Fund.
(4) Any other sources specified by law. (2013-380, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-295 - Unlawful harassment of persons taking wildlife resources.

§ 113-295. Unlawful harassment of persons taking wildlife resources.
(a) It is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb any wildlife resources for the purpose of disrupting the lawful taking of wildlife resources. It is unlawful to take or abuse property, equipment, or hunting dogs that are being used for the lawful taking of wildlife resources. This subsection does not apply to a person who incidentally interferes with the taking of wildlife resources while using the land for other lawful activity such as agriculture, mining, or recreation. This subsection also does not apply to activity by a person on land he owns or leases.
Violation of this subsection is a Class 2 misdemeanor for a first conviction and a Class 1 misdemeanor for a second or subsequent conviction.
(a1) It is unlawful to use an unmanned aircraft system, as defined in G.S. 15A-300.1, to violate subsection (a) of this section. Violation of this subsection is a Class 1 misdemeanor.
(a2) It is unlawful for a person to place bait for the purpose of intentionally interfering with the lawful taking of wildlife. Violation of this subsection is a Class 2 misdemeanor for a first conviction and a Class 1 misdemeanor for a second or subsequent conviction.
(b) The Wildlife Resources Commission 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 subsection (a) 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 Wildlife Resources Commission. 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. 3; 1993, c. 539, s. 864; 1994, Ex. Sess., c. 24, s. 14(c); 2014-100, s. 34.30(f); 2021-160, s. 9A(a).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-297 - Method exemptions for disabled persons.

§ 113-297. Method exemptions for disabled persons.
(a) Any person whose physical disability makes it impossible for the person to hunt or fish by conventional methods for one year or more may apply to the Wildlife Resources Commission for a hunting or fishing methods exemption allowing that person to hunt or fish in a manner that would otherwise be prohibited by rules adopted by the Commission. The application shall be accompanied by a signed statement from a physician containing the following information:
(1) The nature of the person's disability;
(2) The necessity of the exemption in order to allow the person to hunt or fish; and
(3) Whether the disability is permanent or temporary and, if temporary, the length of time after which the physician anticipates that the person may be able to hunt or fish without the exemption.
The Wildlife Resources Commission may authorize any reasonable exemption in order to permit a disabled person complying with the requirements of this section to hunt or fish and may issue a permit describing the exemption made in each case. The permit may be permanent or, if the disability is temporary, the permit may coincide with the length of time the signed physician's statement indicates the disability is expected to last. A person issued a permit under this section shall possess the permit while hunting or fishing in the exempted manner.
(b) In addition to providing disabled persons reasonable exemptions from rules adopted by the Wildlife Resources Commission, the Commission may permit a person complying with the application procedure outlined in subsection (a) of this section to use a crossbow or other specially equipped bow if the physician's statement indicates that the person is incapable of arm movement sufficient to operate a longbow, recurve bow, or compound bow. (1995, c. 62, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-298 - Unlawful use of facilities provided for disabled sportsman.

§ 113-298. Unlawful use of facilities provided for disabled sportsman.
Any person who knowingly uses facilities or participates in activities provided by the Wildlife Resources Commission for disabled sportsmen, when that person does not meet the qualifications for use of those facilities or participation in those activities, is guilty of a Class 3 misdemeanor. (1997-326, s. 5.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22 - Regulation of Wildlife. › § 113-299 - Aerial management of feral swine.

§ 113-299. Aerial management of feral swine.
Notwithstanding G.S. 113-291.1(b)(1), employees of the Wildlife Resources Commission and employees of federal agencies whose responsibilities include fisheries and wildlife management, in the performance of such employees' official duties, may cull feral swine from aircraft, with the written permission of the landowner. However, no such activity shall occur in coastal counties, as defined in G.S. 113A-103(2) during waterfowl season. (2016-113, s. 3.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22A - Use of Poisons and Pesticides. › § 113-300.1 - Use of poisons and pesticides in general.

§ 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 wildlife by poison apply unless specifically permitted under this Article. Otherwise, the Wildlife Resources Commission may, by rules 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. (1979, c. 830, s. 1; 1979, 2nd Sess., c. 1285, s. 9; 1987, c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22A - Use of Poisons and Pesticides. › § 113-300.3 - Penalties for violations of Article; repeated offenses.

§ 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 willful violation of this Article or in willful 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 Class 3 misdemeanor, unless a greater penalty is prescribed for the offense in question. (1979, c. 830, s. 1; 1993, c. 539, s. 865; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22B - Interstate Wildlife Violator Compact. › § 113-300.7 - Appointment of Compact Administrator; implementation; rules; amendments.

§ 113-300.7. Appointment of Compact Administrator; implementation; rules; amendments.
(a) The Chair of the Wildlife Resources Commission, in consultation with the Chair of the Marine Fisheries Commission and the Fisheries Director, shall appoint the Compact Administrator for North Carolina. The Compact Administrator shall serve at the pleasure of the Chair of the Wildlife Resources Commission.
(b) The Wildlife Resources Commission, the Secretary of Environmental Quality, and the Division of Marine Fisheries may suspend or revoke the license, privilege, or right of any person to hunt, fish, trap, possess, or transport wildlife in this State to the extent that the license, privilege, or right has been suspended or revoked by another compact member under the provisions of this Article.
(c) The Wildlife Resources Commission and the Marine Fisheries Commission shall adopt rules necessary to carry out the purposes of this Article.
(d) Any proposed amendment to the Compact shall be submitted to the General Assembly as an amendment to G.S. 113-300.6. In order to be endorsed by the State of North Carolina as provided by subsection (b) of Article IX of the Compact, a proposed amendment to the Compact must be enacted into law. (2008-120, s. 1; 2009-15, s. 2; 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 22B - Interstate Wildlife Violator Compact. › § 113-300.8 - Violations.

§ 113-300.8. Violations.
It is unlawful for a person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife has been suspended or revoked under the provisions of this Article to exercise that right or privilege within this State or to purchase or possess a license granting that right or privilege. A person who hunts, fishes, traps, possesses, or transports wildlife in this State or who purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in this State in violation of a suspension or revocation under this Article is guilty of a Class 1 misdemeanor. (2008-120, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23 - Administrative Provisions; Assent to Certain Federal Acts. › § 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 rules.

§ 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 rules.
(a) The Wildlife Resources Commission must prepare and distribute to license agents informational materials relating to hunting, fishing, trapping, and boating laws and rules administered by the Wildlife Resources Commission. The materials furnished an agent should be appropriate to the types of licenses the agent 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 rules 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 rules that may affect the activities of the licensee or permittee.
(c) After adopting rules that 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 rules 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.
(e) Repealed by Session Laws 1987, c. 827, s. 9. (1979, c. 830, s. 1; 1979, 2nd Sess., c. 1285, s. 10; 1987, c. 827, s. 9; 2004-195, s. 1.1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23 - Administrative Provisions; Assent to Certain Federal Acts. › § 113-302 - Prima facie evidence provisions.

§ 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. (1965, c. 957, s. 2; 1979, c. 830, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23 - Administrative Provisions; Assent to Certain Federal Acts. › § 113-302.1 - Inspection of licensed or commercial premises; authority to secure inspection warrants.

§ 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 rules, 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 rules. 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. (1979, c. 830, s. 1; 1987, c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23 - Administrative Provisions; Assent to Certain Federal Acts. › § 113-303 - Arrest, service of process and witness fees of protectors.

§ 113-303. Arrest, service of process and witness fees of protectors.
All arrest fees and other fees that may be charged in any bill of costs for service of process by protectors must be paid to the county in which the trial is held. No witness fee may be taxed in any bill of costs by virtue of the appearance of a protector as a witness in a criminal case within his enforcement jurisdiction. Acceptance by any protector of any arrest fee, witness fee, or any other fee to which he is not entitled is a Class 1 misdemeanor. (1965, c. 957, s. 2; 1993, c. 539, s. 866; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23 - Administrative Provisions; Assent to Certain Federal Acts. › § 113-304 - Reciprocal agreements by Wildlife Resources Commission.

§ 113-304. Reciprocal agreements by Wildlife Resources Commission.
The Wildlife Resources Commission is empowered to make reciprocal agreements with other jurisdictions respecting the matters governed in this Subchapter. Pursuant to such agreements the Wildlife Resources Commission may by rule modify provisions of this Subchapter in order to effectuate the purposes of such agreements, in the overall best interests of the conservation of wildlife resources. (1965, c. 957, s. 2; 1973, c. 1262, s. 18; 1987, c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23 - Administrative Provisions; Assent to Certain Federal Acts. › § 113-305 - Cooperative agreements by Wildlife Resources Commission.

§ 113-305. Cooperative agreements by Wildlife Resources Commission.
The Wildlife Resources Commission is empowered to enter into cooperative agreements with public and private agencies and individuals respecting the matters governed in this Subchapter. Pursuant to such agreements the Wildlife Resources Commission may expend funds, assign employees to additional duties within or without the State, assume additional responsibilities, and take other actions that may be required by virtue of such agreements, in the overall best interests of the conservation of wildlife resources. (1965, c. 957, s. 2; 1973, c. 1262, s. 18.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23 - Administrative Provisions; Assent to Certain Federal Acts. › § 113-307 - Adoption of federal laws and regulations.

§ 113-307. Adoption of federal laws and regulations.
To the extent that the Wildlife Resources Commission is granted authority under this Chapter or under any other provision of law, including Chapter 75A of the General Statutes, over subject matter as to which there is concurrent federal jurisdiction, the Wildlife Resources Commission in its discretion may by reference in its rules adopt relevant provisions of federal law and regulations as State rules. To prevent confusion or conflict of jurisdiction in enforcement, the Wildlife Resources Commission may provide for an automatic incorporation by reference into its rules of future changes within any particular set of federal laws or regulations relating to some subject clearly within the jurisdiction of the Wildlife Resources Commission. (1965, c. 957, s. 2; 1973, c. 1262, s. 18; 1987, c. 827, s. 107.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-308 - Definitions.

§ 113-308. Definitions.
The definitions as given in G.S. 113-128 shall apply to this Article, except that the following will additionally apply:
(1) Agency: A group or an association which shall make applications and otherwise act for the fishing and seafood industry or a distinguishable part thereof. (1967, c. 890, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-309 - Declaration of policy.

§ 113-309. Declaration of policy.
It is declared to be in the interest of the public welfare of North Carolina that those engaged in "coastal fisheries," as defined in G.S. 113-129, shall be permitted and encouraged to act jointly and cooperatively for the purposes of promoting the common good, welfare, and advancement of their industry. (1967, c. 890, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-310 - Certain activities not to be deemed illegal or in restraint of trade.

§ 113-310. Certain activities not to be deemed illegal or in restraint of trade.
No association, meeting or activity undertaken in pursuance of the provisions of this Article and intended to benefit all of the coastal fisheries or distinguishable part thereof hereinunder certified by the Marine Fisheries Commission shall be deemed or considered illegal or in restraint of trade. (1967, c. 890, s. 3; 1973, c. 1262, s. 28.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-311 - Referendum and assessment declared to be in public interest.

§ 113-311. Referendum and assessment declared to be in public interest.
It is hereby declared to be in the interest of the public that the coastal fisheries or any distinguishable part thereof shall be permitted by referendum to be held among themselves as prescribed by this Article, to levy upon themselves an assessment on such respective catches, volume, landings, income, or production for the purposes of promoting the common good, welfare, and advancement of the fishing and seafood industry of North Carolina, in addition to any and all taxes, levies, and licenses in effect on June 22, 1967, or that may be enacted and levied or imposed subsequently. (1967, c. 890, s. 4.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-312 - Application to Marine Fisheries Commission for authority to conduct referendum.

§ 113-312. Application to Marine Fisheries Commission for authority to conduct referendum.
Any agency fairly representative of any distinguishable part or all of the fishing and seafood industry may at any time make application in writing or petition to the Marine Fisheries Commission for certification and approval to conduct a referendum among the coastal fisheries or any distinguishable part thereof for the purpose of levying an assessment under the provisions of this Article, collecting, and utilizing the proceeds for the purposes stated in such referendum and as set forth in this Article. (1967, c. 890, s. 5; 1973, c. 1262, s. 28.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-313 - Action of Marine Fisheries Commission on application.

§ 113-313. Action of Marine Fisheries Commission on application.
Upon receiving an application or petition as herein provided, the Marine Fisheries Commission shall at its next regular quarterly meeting consider such application as follows:
(1) The Marine Fisheries Commission shall determine if the agency is in fact fairly representative of the coastal fisheries or distinguishable part thereof making application or petitioning for referendum and record in its minutes its determination.
(2) The Marine Fisheries Commission shall determine if the application or petition is in conformity with the provisions and purposes of this Article and record in its minutes its determination.
(3) If the Marine Fisheries Commission determines in the affirmative as to (1) and (2) above, it shall authorize and empower the agency to hold and conduct a referendum on the question of whether or not members of the fishing and seafood industry, or the distinguishable part thereof, making application or petition, shall levy upon themselves an assessment under and subject to the conditions and provisions and for the purpose stated in this Article. (1967, c. 890, s. 6; 1973, c. 1262, s. 28.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-314 - Agency to determine time and place of referendum, amount and basis of assessment, etc.; notice of referendum.

§ 113-314. Agency to determine time and place of referendum, amount and basis of assessment, etc.; notice of referendum.
The agency shall fix, determine, and publicly announce such referendum at least 30 days before the date set for such referendum, the date, hours, and polling places for voting in such referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected if favorably voted upon, and the general purposes to which said amount so collected shall be applied. Such public notice shall be published at least once 20 days prior to the election in one or more newspapers having general circulation in the area where the vote is to be taken. (1967, c. 890, s. 7.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315 - Maximum assessment.

§ 113-315. Maximum assessment.
No assessment levied on any commodity under the provisions of this Article shall exceed one percent (1%) of the average value of this commodity during the next three years for which published statistics by the State of North Carolina or the federal government are available next preceding the application or petition. (1967, c. 890, s. 8.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.1 - Arrangements for and management of referendum; expenses.

§ 113-315.1. Arrangements for and management of referendum; expenses.
The arrangements for and management of any referendum conducted under the provisions of this Article shall be under the direction of the agency duly certified and authorized to conduct the same, and any and all expenses in connection herewith shall be borne by the agency. (1967, c. 890, s. 9.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.2 - Referendum may be by mail ballot or box ballot; who may vote.

§ 113-315.2. Referendum may be by mail ballot or box ballot; who may vote.
Any referendum conducted under the provisions of this Article may be held by mail ballot or by box ballot as may be determined and publicly announced as herein provided by the agency before such referendum is called. A person licensed by the Marine Fisheries Commission to engage in business and commerce as may be directly affected by the paying of the assessment, or anyone who would be subject to paying such assessment should the question be voted in the affirmative, shall be eligible and may vote in such referendum. (1967, c. 890, s. 10; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1987, c. 641, s. 6.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.3 - Preparation and distribution of ballots; conduct of referendum; canvass and declaration of results.

§ 113-315.3. Preparation and distribution of ballots; conduct of referendum; canvass and declaration of results.
The duly certified agency shall prepare and distribute in advance of such referendum all necessary ballots for the purpose thereof, and shall under rules and regulations drawn up and promulgated by said agency, arrange for the necessary poll holders or officials for conducting the said referendum; and following said referendum and within 10 days thereafter the duly certified agency shall canvass and publicly declare the result of such referendum; except that in the event a mail ballot is used, a mail ballot shall be posted by registered mail on a prearranged date at least 30 days following announcement of same to each duly licensed voter by the agency, and a return, self-addressed envelope of suitable size and construction for containing the completed ballot with ample postage affixed shall be enclosed along with complete instructions on the voting procedure, these instructions stating that the ballot should be marked by the voter to indicate and show his preference, then inserted into the return envelope, sealed, and posted or returned within 10 days of the date of the original or first posting, and on a predesignated date and hour at least 15 days after the original mailing and at an open and public meeting, the return envelopes described above shall be opened, the ballots counted, tabulated, and the results publicly declared by the agency or its authorized representatives. (1967, c. 890, s. 11.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.4 - Levy and collection of assessment; use of proceeds and other funds.

§ 113-315.4. Levy and collection of assessment; use of proceeds and other funds.
If in such referendum called under the provisions of this Article two thirds or more of the voters eligible and voting vote in the affirmative and in favor of the levying and collection of such assessment proposed in such referendum, then such assessment shall be collected annually, or more often as predetermined by the agency, for the three years set forth in the call for such referendum, and the collection of such assessment shall be under such method, rules, and regulations as may be determined by the agency prior to the announcement of the referendum and included in the announcement of the referendum; said assessment so collected shall be paid into the treasury of the agency, to be used together with other funds, including donations and grants from individuals, firms, governmental agencies, or corporations, and from other fees, dues, or assessments, for the purpose set out in the referendum. (1967, c. 890, s. 12.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.5 - Alternative method for collection of assessment.

§ 113-315.5. Alternative method for collection of assessment.
As an alternate method for the collection of assessments provided for in G.S. 113-315.4, upon the request or petition of the agency and action by the Marine Fisheries Commission as prescribed in G.S. 113-313, the Secretary shall notify, by letter, all persons or firms licensed by the Marine Fisheries Commission to engage in business and commerce as may be directly affected by the paying of the assessment, that on and after the date specified in the letter the assessment shall become due and payable, and shall be remitted by said persons or firms to the Secretary who shall thereupon pay the amount of the assessments to the agency. The books and records of all such persons and firms shall at all times during regular business hours be open for inspection by the Secretary or his duly authorized agents. (1967, c. 890, s. 13; 1973, c. 1262, ss. 28, 86; 1977, c. 356; c. 771, s. 4; 1987, c. 641, s. 6; 1995, c. 504, s. 6; c. 509, s. 57.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.6 - Subsequent referendum where assessment defeated.

§ 113-315.6. Subsequent referendum where assessment defeated.
In the event such referendum as herein provided for shall not be voted on affirmatively by two thirds or more of the voters eligible and voting, then the agency shall have full power and authority to call another referendum for the purposes herein set forth at any time after the next succeeding 12 months, on the question of an assessment for three years. (1967, c. 890, s. 14.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.7 - Subsequent referendum where assessment adopted.

§ 113-315.7. Subsequent referendum where assessment adopted.
In the event such referendum as herein provided for shall be voted on affirmatively by two thirds or more of the voters eligible and voting, then the agency shall in its discretion have full power and authority to call and conduct during the third year after the latest referendum another referendum for the purpose set forth herein for the next ensuing three years. (1967, c. 890, s. 15.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.8 - Refund of assessment; refusal to pay assessment.

§ 113-315.8. Refund of assessment; refusal to pay assessment.
Any persons or firm hereinunder assessed shall have the right to demand of and receive from the treasurer or disbursing office of the agency a refund of such assessment so collected, provided such demand for refund is made in writing within 30 days from the end of the assessment year which shall be determined by the agency. Should a person or firm hereinunder assessed refuse to pay and does not pay the assessment within 30 days of when it is due and payable, then in such event suit may be brought by the duly certified agency in a court of competent jurisdiction to enforce the collection of the said assessment. (1967, c. 890, s. 16; 1971, c. 642, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23A - Promotion of Coastal Fisheries and Seafood Industry. › § 113-315.9 - Bond of financial officer; audit.

§ 113-315.9. Bond of financial officer; audit.
(a) Before collecting and receiving such assessments, such treasurer or financial officer shall give bond to the agency to run in favor of the agency in the amount of the estimated total of such assessments as will be collected, and from time to time the agency may alter the amount of such bond which, at all times, must be equal to the total financial assets of the agency, such bond to have as surety thereon a surety company licensed to do business in the State of North Carolina, and to be in the form and amount approved by the agency and to be filed with the chairman or executive head of such agency.
(b) The chairman or executive head of such agency shall cause an annual certified audit to be made of the financial records of the agency. Such audit shall include, among other things, total annual compensation of each employee of the agency and detailed expenses incurred and reimbursed for each employee of the agency. The chairman or executive head of such agency shall cause a copy of the certified audit to be submitted to the Department within 60 days of the end of the agency's fiscal year and shall cause a copy of the audit, or a summary thereof, to be published at least once in one or more newspapers having general circulation in the area where the assessments are made within 60 days of the end of the agency's fiscal year. If the chairman or executive head of the agency shall fail to carry out the provisions of this paragraph, he shall be guilty of a Class 1 misdemeanor. (1967, c. 890, s. 17; 1971, c. 642, s. 2; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1989, c. 727, s. 115; 1993, c. 539, s. 868; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23B - Fishermen's Economic Development Program. › § 113-315.16 - Legislative findings.

§ 113-315.16. Legislative findings.
The legislature finds that the fishermen of North Carolina perform essential functions in providing wholesome food for the diets of the citizens of North Carolina, that they properly earn a livelihood by performing these essential functions, that they are entitled to the same or similar governmental services provided other segments of our society so as to become more proficient in the performance of these essential functions, and that the quality of life for North Carolinians is enhanced by the economic development of the fishing industry. (1973, c. 618, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23B - Fishermen's Economic Development Program. › § 113-315.17 - Definitions.

§ 113-315.17. Definitions.
As used in this Article:
(1) "Economic development" means: giving helpful and useful aid to improve the proficiency of the citizens, and the efficiency of the operations are improved to the end that the economic well-being of fishermen is improved, the quality of life is enhanced and equality of opportunity is provided.
(2) "Fisherman" means: any person, firm, corporation, cooperative, partnership, or any legally constituted group, engaged in the harvesting, handling, processing, packaging, and marketing of fishery or seafood products from coastal fishing waters as defined by G.S. 113-129. (1973, c. 618, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23B - Fishermen's Economic Development Program. › § 113-315.18 - Fishermen's Economic Development Program.

§ 113-315.18. Fishermen's Economic Development Program.
The Secretary is hereby authorized to provide through his Department and the extension services of the University of North Carolina those services intended to promote the economic development of the fishermen, including but not limited to:
(1) Instituting business management services to promote better business management practices throughout the fishing and seafood industry, and to promote the better use of credit and other business management techniques.
(2) Providing counseling services to the fishermen at all levels and assisting them in meeting the federal and State environmental, safety and health requirements.
(3) Improving waterways, harbors, inlets, and generally the water transportation system of North Carolina so as to more efficiently and safely accommodate commercial and sport fishing craft, and to provide access to and from fishing grounds. (1973, c. 618, s. 1; c. 1262, s. 28; 1975, c. 19, s. 36; 1977, c. 771, s. 4; 1989, c. 727, s. 116.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23B - Fishermen's Economic Development Program. › § 113-315.19 - Personnel needs.

§ 113-315.19. Personnel needs.
To effectively carry out the duties and responsibilities set forth above, the Secretary may employ or contract with the extension services of the University of North Carolina to employ the following persons:
(1) A person to have responsibility for the successful execution of the program and to coordinate as deemed desirable with other agencies of the State and federal government,
(2) A business management specialist,
(3) An insurance and finance specialist,
(4) A specialist who could understand, interpret, and counsel on regulations and requirements,
(5) A specialist in waterways, and water transportation, and
(6) Such clerical personnel as necessary to carry out the provisions of this Article. (1973, c. 618, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23C - North Carolina Marine Industrial Park Authority. › § 113-315.26 - Personnel.

§ 113-315.26. Personnel.
The Secretary of Commerce shall appoint any personnel as deemed necessary who shall serve at the pleasure of the Secretary of Commerce. The Secretary of Commerce shall have the power to appoint, employ and dismiss any employees deemed necessary to accomplish the purposes of this Article subject to the availability of funds. It is recommended that, to the fullest extent possible, the Secretary of Commerce consult with the Authority on matters of personnel. (1979, c. 459, s. 2; 1983, c. 717, s. 24; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1989, c. 751, s. 8(13); c. 752, s. 39(d); 1991 (Reg. Sess., 1992), c. 959, s. 24; 2013-211, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23C - North Carolina Marine Industrial Park Authority. › § 113-315.27 - Executive committee.

§ 113-315.27. Executive committee.
There shall be an executive committee consisting of the chairman of the Authority and two other members elected annually by the Authority. The executive committee shall be vested with authority to do all acts which are specifically authorized by the bylaws of the Authority. Members of the executive committee shall serve until their successors are elected. (1979, c. 459, s. 3.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23C - North Carolina Marine Industrial Park Authority. › § 113-315.28 - Purposes of Authority.

§ 113-315.28. Purposes of Authority.
Through the Authority created by this Article, the State of North Carolina may engage in promoting, developing, constructing, equipping, maintaining and operating one or more marine industrial parks within the State, or within the jurisdiction of the State, and works of internal improvements related to the purposes set forth in this section, including the acquisition or construction, maintenance and operation of watercraft and facilities located at the parks or essential for the proper operation of the parks. The Authority is created as an instrumentality of the State of North Carolina for the accomplishment of the following general purposes:
(1) To develop and improve the Wanchese Marine Industrial Park, and such other marine industrial parks, including inland ports and facilities, as may be deemed feasible for a more expeditious and efficient handling of marine commerce from and to any place or places in the State of North Carolina and other states and foreign countries;
(2) To acquire, construct, equip, maintain, develop and improve the port facilities at the parks and to maintain, develop, and improve the navigability of waterways in or adjacent to the parks and those waterways connecting the parks with the channels of commerce of the Atlantic Ocean;
(3) To foster and stimulate the growth of marine-related industries in the State of North Carolina;
(4) Repealed by Session Laws 2013-211, s. 1, effective June 26, 2013.
(5) To accept funds from any counties or cities containing a marine industrial park and to use the same in such manner, within the purposes of said Authority, as shall be stipulated by the funding county or city, and to act as agent or instrumentality of any funding counties or cities in any matter coming within the general purposes of said Authority;
(5a) To encourage and develop the general maritime and marine-related industries and activities at or in the vicinity of the marine industrial parks;
(6) And in general to do and perform any act or function which may tend to be useful toward the development and improvement of marine industrial parks in the State of North Carolina, and to increase the movement of waterborne marine commerce, foreign and domestic, to, through, and from the marine industrial parks.
The enumeration of the above purposes shall not limit or circumscribe the broad objective of developing to the utmost the marine industry possibilities of the State of North Carolina. (1979, c. 459, s. 4; 1993, c. 278, s. 1; 1998-212, s. 15.5(a); 2013-211, s. 1.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 23C - North Carolina Marine Industrial Park Authority. › § 113-315.30 - Approval of acquisition and disposition of real property.

§ 113-315.30. Approval of acquisition and disposition of real property.
Any transactions relating to the acquisition or disposition of real property or any estate or interest in real property, by the North Carolina State Marine Industrial Park Authority, shall be subject to prior review by the Governor and Council of State, and shall become effective only after the same has been approved by the Governor and Council of State. Upon the acquisition of real property or other estate or interest in real property, by the Authority, the fee title or other estate shall vest in and the instrument of conveyance shall name the "North Carolina Marine Industrial Park Authority" as grantee, lessee, or transferee. Upon the disposition of real property or any interest or estate therein, the instrument of conveyance or transfer shall be executed by the North Carolina Marine Industrial Park Authority. The approval of any transaction by the Governor and Council of State may be evidenced by a duly certified copy of excerpt of minutes of the meeting of the Governor and Council of State, attested by the private secretary to the Governor or the Governor, reciting such approval, affixed to the instrument of acquisition or transfer, and the certificate may be recorded as a part of the instrument of acquisition or transfer, and shall be conclusive evidence of review and approval of the subject transaction by the Governor and Council of State. The Governor, acting with the approval of the Council of State, may delegate the review and approval of such classes of lease, rental, easement, or right-of-way transactions as the Governor deems advisable, and the Governor may likewise delegate the review and approval of the severance of buildings and timber from the land. (1979, c. 459, s. 6; 2013-211, s. 1.)