Sources: General Statutes of North Carolina Annotated, 1990, Chapter 113; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
The marine, estuarine and wildlife resources of the state belong to the people of the state as a whole. The Department and the Wildlife Resources Commission are charged with stewardship of these resources (113-131).
The enjoyment of the wildlife resources belongs to all people of the State. The Wildlife Resources Commission (Commission) is charged with administering the governing statutes in a manner to serve equitably the various competing interests regarding wildlife resources, considering the interests of those whose livelihood depends upon full and wise use of renewable resources and recreational interests. Thus, except as otherwise provided, all special, local, and private acts and ordinances enacted prior to ratification of this section regulating the conservation of wildlife resources are repealed. This section does not repeal local acts which restrict hunting primarily for protecting highway travelers, landowners, or other persons who may be endangered or affected by hunters' weapons or whose property may be damaged. This section does not repeal statutes or local acts establishing bird sanctuaries, except that local authorities operating same may not regulate the taking of game or otherwise abrogate laws and regulations pertaining to conservation of wildlife resources. Because of strong community interest expressed in their retention, the local acts listed herein are retained to the extent they apply to the county for which listed [a long list of specific laws is appended] (113-133.1).
The General Assembly finds that recreation and aesthetic needs of the people, the interests of science, the quality of the environment, and the best interests of the state require that endangered and threatened species of wild animals and species of special concern be protected and conserved, and their numbers should be enhanced and that conservation techniques be developed for them; however, nothing in this article shall be construed to limit the rights of a landholder in the management of lands for agriculture, forestry, development or any other lawful purpose without the landholder's consent (113-332). (See RELEVANT WILDLIFE DEFINITIONS, Agency Advisory Boards under STATE FISH AND WILDLIFE AGENCIES, and PROTECTED SPECIES OF WILDLIFE).
PROTECTED SPECIES OF WILDLIFE
All native or resident wild animals on federal lists of endangered or threatened species pursuant to the Endangered Species Act have the same status on the North Carolina protected animals lists. The Committee, after considering a report on the status of a candidate species from the Scientific Council, may by resolution propose that a species be added to or removed from a protected animal list. If the Commission finds there is merit in the proposal, it shall examine relevant scientific and economic data and factual information to determine: whether any other state or federal agency or private entity is taking steps to protect the wild animal; whether there is present or threatened destruction, modification, or curtailment of its habitat; if there is over-utilization for commercial, recreational, scientific, or educational purposes; whether there is critical population depletion from disease, predation or other mortality factors; whether alternative regulatory mechanisms exist; the existence of other man-made factors affecting continued viability of the animal in the state. The Commission, with the Committee's advice, shall tentatively determine whether any regulatory action is warranted with regard to the proposal and, if so, the specific action to be proposed. Notice of proposed rulemaking shall be published (113-334).
The Commission shall have the power and duty to: adopt and publish an endangered species list, a threatened species list, and a list of species of special concern, identifying each entry by its scientific and common name; reconsider and revise the lists in response to public proposals or as the Commission deems necessary; coordinate development and implementation of conservation programs for endangered and threatened species and for species of special concern; adopt regulations to implement conservation programs for endangered, threatened and special concern species and to limit, regulate or prevent the taking, collection or sale of protected animals; conduct investigations to determine whether a wild animal should be on a protected animal list and determine the requirements for survival for resident wild animal species (113- 333). (See also STATE WILDLIFE POLICY, RELEVANT WILDLIFE DEFINITIONS and Agency Advisory Boards under STATE FISH AND WILDLIFE AGENCIES.) It is unlawful to take, possess, transport, sell, barter, trade, export or give away any animal on a protected wild animal list, except as authorized by Commission regulations, including those promulgated pursuant to 113-333(1), or to perform any act prohibited by Commission regulations promulgated pursuant to 113-333. Violation: fine of at least $100 for a first conviction; not less than $500 upon any subsequent conviction, in addition to any other penalty prescribed by the court (113- 337).
Live wildlife and the nests and eggs of wild birds may be taken, possessed, transported, bought, sold, imported, exported or otherwise acquired or disposed of only as authorized. The Commission may impose reporting, permit and tagging requirements in regulating live wildlife and the nests and eggs of wild birds, and may charge a fee to defray tagging costs (113-291.3).
HABITAT PROTECTION
At least once each year, the Secretary, the Chairperson of the Commission, and the Commissioner of Agriculture shall propose to the Recreation and Natural Heritage Trust Fund Board of Trustees lands to be acquired from the National Heritage Trust Fund (see also Agency Funding Sources and Agency Advisory Boards under STATE FISH AND WILDLIFE AGENCIES). For each tract or interest proposed, they shall provide the Trustees with the following information: value of the land for recreation, forestry, fish and wildlife habitat, and wilderness purposes and its consistency with the plan developed under the State Parks Act; any rare or endangered species on or near the land; whether the land contains a relatively undisturbed and outstanding example of a native ecological community that is now uncommon in the state; whether the land contains other river, landscape, geologic, wetland or other land features as specified, or has historic significance; other sources of funds available to assist in acquiring the land; the state agency that will manage the land; what assurances exist that the land will not be used for purposes other than those for which it is being acquired. The Trustees may authorize expenditures to acquire land that represents the ecological diversity of the state, including natural features and areas to ensure their preservation and conservation, and as additions to the system of parks, state trails, forests, fish and wildlife management areas, wild and scenic rivers and natural areas for public use [other details of land acquisition procedure are provided]. No provision of this article shall be construed to eliminate hunting and fishing, as regulated, upon properties purchased pursuant to this article (113-77.9).
No person may obstruct, pollute or diminish the natural flow of water into or through any fish hatchery in violation of Environmental Management Commission requirements. It is unlawful to throw into the channel of any navigable waters fish offal likely to hinder the passage of fish. The Commission may impose further restrictions upon the throwing of fish offal in any inland fishing waters (113-265). 1
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New Mexico Center for Wildlife Law
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