GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 209
The General Assembly of North Carolina enacts:
Section 1. G.S. 113-294 reads as rewritten:
"§ 113-294. Specific violations.
(a) Any person who unlawfully sells, possesses for sale, or buys any wildlife is guilty of a Class 2 misdemeanor, unless a greater penalty is prescribed for the offense in question.
(b) Any person who
unlawfully sells, possesses for sale, or buys any deer or wild turkey is guilty
of a Class 3 2 misdemeanor, unless a greater penalty is punishable
by a fine of not less than two hundred fifty dollars ($250.00) in addition to
such other punishment prescribed for the offense in question.
(c) Any person who
unlawfully takes, possesses, or transports any wild turkey is guilty of a Class
3 2 misdemeanor, unless a greater penalty is punishable
by a fine of not less than two hundred fifty dollars ($250.00) in addition to
such other punishment prescribed for the offense in question.
(c1) Any person who unlawfully takes,
possesses, transports, sells, possesses for sale, or buys any bear or bear part
is guilty of a Class 1 misdemeanor, unless a greater penalty is punishable
by a fine of not less than two thousand dollars ($2,000) in addition to such
other punishment prescribed for the offense in question. Each of the
acts specified shall constitute a separate offense.
(c2) Any person who unlawfully takes, possesses, transports, sells, possesses for sale, or buys any cougar (Felis concolor) is guilty of a Class 1 misdemeanor, unless a greater penalty is prescribed for the offense in question.
(d) Any person who
unlawfully takes, possesses, or transports any deer is guilty of a Class 3
misdemeanor, unless a greater penalty is punishable by a fine of not
less than one hundred dollars ($100.00) in addition to such other punishment prescribed
for the offense in question.
(e) Any person who
unlawfully takes deer between a half hour after sunset and a half hour before
sunrise with the aid of an artificial light is guilty of a Class 3 2 misdemeanor,
unless a greater penalty is punishable by a fine of not less than two
hundred fifty dollars ($250.00) in addition to such other punishment prescribed
for the offense in question.
(f) Any person who unlawfully
takes, possesses, transports, sells, or buys any beaver, or violates any rule
of the Wildlife Resources Commission adopted to protect beavers, is guilty of a
Class 2 3 misdemeanor, unless a greater penalty is prescribed for
the offense in question.
(g) Any person who unlawfully takes wild animals or birds from or with the use of a vessel equipped with a motor or with motor attached is guilty of a Class 2 misdemeanor, unless a greater penalty is prescribed for the offense in question.
(h) Any person who willfully makes any false or misleading statement in order to secure for himself or another any license, permit, privilege, exemption, or other benefit under this Subchapter to which he or the person in question is not entitled is guilty of a Class 1 misdemeanor.
(i) Any person who violates any provision of G.S. 113-291.6, regulating trapping, is guilty of a Class 2 misdemeanor, unless a greater penalty is prescribed for the offense in question.
(j) Any person who unlawfully sells, possesses for sale, or buys a fox, or who takes any fox by unlawful trapping or with the aid of any electronic calling device is guilty of a Class 2 misdemeanor, unless a greater penalty is prescribed for the offense in question.
(k) Any person
who has been convicted of one of the fox offenses listed below who subsequently
commits the same or another one of the fox offenses listed below is guilty of a
Class 3 misdemeanor, unless a greater penalty is prescribed for the offense in
question. The fox offenses covered by this subsection are unlawfully
selling, possessing for sale, or buying a fox; taking a fox by unlawful
trapping; or unlawfully taking a fox with the aid of any electronic calling
device.
(l) Any person who unlawfully takes, possesses, transports, sells or buys any bald eagle or golden eagle, alive or dead, or any part, nest or egg of a bald eagle or golden eagle is guilty of a Class 1 misdemeanor, unless a greater penalty is prescribed for the offense in question.
(m) Any person who unlawfully
takes any migratory game bird with a rifle; or who unlawfully takes any
migratory game bird with the aid of live decoys or any salt, grain, fruit, or
other bait; or who unlawfully takes any migratory game bird during the closed
season or during prohibited shooting hours; or who unlawfully exceeds the bag
limits or possession limits applicable to any migratory game bird bird;
or who violates any of the migratory game bird permit or tagging rules of the
Wildlife Resources Commission is guilty of a Class 3 misdemeanor. 2
misdemeanor, punishable by a fine of not less than one hundred dollars
($100.00) in addition to any other punishment prescribed for the offense in
question."
Sec. 2. G.S. 113-294 is amended by adding a new subsection to read:
"(n) Any person who violates any rule of the Commission that restricts access by vehicle on game lands to a person who holds a special vehicular access identification card and permit issued by the Commission to persons who have a handicap that limits physical mobility shall be guilty of a Class 2 misdemeanor and shall be fined not less than one hundred dollars ($100.00) in addition to any other punishment prescribed for the offense."
Sec. 3. G.S. 113-135(a) reads as rewritten:
"(a) Any person who violates any provision of this Subchapter or any rule adopted by the Marine Fisheries Commission or the Wildlife Resources Commission, as appropriate, pursuant to the authority of this Subchapter, is guilty of a misdemeanor except that punishment for violation of the rules of the Wildlife Resources Commission is limited as set forth in G.S. 113-135.1. Unless a different level of punishment is elsewhere set out, anyone convicted of a misdemeanor under this section is punishable as follows:
(1) For a first conviction, as a Class 3 misdemeanor.
(2) For a second or
subsequent conviction within one year, three years, as a Class 2
misdemeanor."
Sec. 4. This act becomes effective 1 October 1995, and applies to offences committed on or after that date.
In the General Assembly read three times and ratified this the 8th day of June, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives