GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-15

HOUSE BILL 105

AN ACT to Clarify that the interstate wildlife violator compact includes violations of marine resources law, as recommended by the joint legislative commission on seafood and aquaculture.

The General Assembly of North Carolina enacts:

SECTION 1.  Subdivision (15) of Article II of G.S. 113-300.6 reads as rewritten:

"(15)    "Wildlife" means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a party state. "Wildlife" includes all species of animals that are protected or regulated by the Wildlife Resources Commission, the Marine Fisheries Commission, or the Division of Marine Fisheries in the Department of Environment and Natural Resources. "Wildlife" also means food fish and shellfish as defined by statute, law, regulation, ordinance, or administrative rule in a party state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on local law."

SECTION 2.  G.S. 113-300.7 reads as rewritten:

"§ 113-300.7.  Appointment of Compact Administrator; implementation; rules; amendments.

(a)        The Chair of the Wildlife Resources Commission 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 Commission, the Secretary of Environment and Natural Resources, 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 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."

SECTION 3.  This act becomes effective October 1, 2009.

In the General Assembly read three times and ratified this the 8^th day of April, 2009.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 5:32 p.m. this 14^th day of April, 2009