Statutes / Laws

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
North Carolina

West's North Carolina General Statutes Annotated. Chapter 113. Conservation and Development. Subchapter IV. Conservation of Marine and Estuarine and Wildlife Resources. Article 22. Regulation of Wildlife. 113-295. Unlawful harassment of persons taking wildlife resources

Statute Details
Printable Version
Citation: NC ST 113-295

Citation: N.C.G.S.A. 113-295


Last Checked by Web Center Staff: 01/2013

Summary:   This law reflects North Carolina's hunter harassment provision. Under the law, 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. Further, it is also unlawful to take or abuse property, equipment, or hunting dogs that are being used for the lawful taking of wildlife resources. Incidental interference is excluded from the statute. Violation of this subsection is a Class 2 misdemeanor for a first conviction and a Class 1 misdemeanor for a second or subsequent conviction. The Wildlife Resources Commission may also initiate injunctive proceedings to restrain a violation or threatened violation under this chapter.


Statute in Full:

 

(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.

(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.

CREDIT(S)

Added by Laws 1987, c. 636, § 3. Amended by Laws 1993, c. 539, § 864, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.


HISTORICAL AND STATUTORY NOTES

Laws 1993, c. 539, § 1359, provides:

“This act becomes effective October 1, 1994, and applies to offenses occurring on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.” [Amended by Laws 1994, Ex.Sess., c. 24, § 14(c), eff. March 26, 1994.]

Laws 1993, c. 539, was ratified July 24, 1993.

 



Top of Page
Share |