Chapter 113

Every person, firm or corporation engaging in the manufacture or production of any product from any natural resources, classified as mineral products, shall before beginning such operation, or if already engaged in such business, within 90 days after March 9, 1927, notify the Dep…

As used in this Article: (1) "Commission" means the Atlantic States Marine Fisheries Commission. (2) "Commissioner" means a member of the Atlantic States Marine Fisheries Commission. (3) "Compact" means the Atlantic States Marine Fisheries Compact. (4) "Fisheries Director" means …

The Governor of this State is hereby authorized and directed to execute a compact on behalf of the State of North Carolina with any one or more of the states of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, Sou…

The Governor is authorized to execute on behalf of the State of North Carolina an amendment to the Compact set out in G.S. 113-252 with any one or more of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, M…

(a) In pursuance of Article III of the Compact, there shall be three commissioners from North Carolina. The first commissioner shall be the Fisheries Director, ex officio. The term of this commissioner shall terminate at the time the commissioner ceases to hold office as the Fish…

There is hereby granted to the Commission and the commissioners thereof all the powers provided for in the said Compact and all the powers necessary or incidental to the carrying out of said Compact in every particular. All officers of the State of North Carolina are hereby autho…

Any powers herein granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said Commission by other laws of the State of North Carolina or by the laws of the states of Maine, New Hampshire, Massachus…

The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the legislature of the State of North Carolina on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during t…

The Atlantic States Marine Fisheries Commission of the State of North Carolina shall be subject to all the terms and provisions of the State Budget Act, Chapter 143C of the General Statutes of North Carolina.(1949, c. 1086, s. 7; 1955, c. 236, s. 1; 1965, c. 957, s. 18; 2006-203,…

(a) In pursuance of Section 302 of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. § 1801, et seq., there shall be at least two members of the South Atlantic Fishery Management Council from the State of North Carolina. (b) The first Council member shall be…

The Governor and the Council of State are hereby authorized, in their discretion and at such times as the development of the mineral resources and the expansion of mining operations in the State justify and make reasonably necessary, to create and establish as a part of the Depar…

(a) In pursuance of Section 302 of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. § 1801, et seq., there shall be at least two members of the Mid-Atlantic Fishery Management Council from the State of North Carolina. (b) The first Council member shall be t…

(a) The Department, the Wildlife Resources Commission, and agencies of the United States with jurisdiction over fish and wildlife are hereby granted the right to take marine, estuarine, and wildlife resources within the State, to conduct fish cultural operations and scientific in…

(a) Except as otherwise provided in this Subchapter, or in rules permitting use of electricity to take certain fish, it is a Class 2 misdemeanor to take any fish or wildlife through the use of poisons, drugs, explosives, or electricity. This subsection does not apply to any perso…

The Department and the Wildlife Resources Commission, in addition to other agencies primarily responsible, may inspect the plans and specifications of all dams proposed to be built, in North Carolina or elsewhere within the United States, the design or proposed mode of constructi…

(a) The Department and the Wildlife Resources Commission are granted the power by rule to license, regulate, prohibit, or restrict the public as to use and enjoyment of, or harm to, any property of the Department or the Wildlife Resources Commission, and may charge the public rea…

(a) No person may obstruct, pollute, or diminish the natural flow of water into or through any fish hatchery in violation of the requirements of the Environmental Management Commission. (b) It is unlawful for any person to throw or cause to be thrown into the channel of any navig…

It shall be a Class 1 misdemeanor for any person to destroy, injure, relocate, or remove any navigational aids, buoys, markers, or other devices lawfully set out by the Division of Marine Fisheries in connection with the marking of any artificial reef in the coastal waters of the…

To provide information to the courts and other officials taking action under G.S. 15A-1343(b1)(5), under G.S. 143-215.3(a)(7), or under any other pertinent authority of law, the Marine Fisheries Commission and the Wildlife Resources Commission are authorized to adopt rules settin…

(a) It is unlawful for any person without the authority of the owner of the equipment to take fish from nets, traps, pots, and other devices to catch fish which have been lawfully placed in the open waters of the State. (b) It is unlawful for any master or other person having the…

(a) The definitions established in G.S. 106-758 are incorporated by reference into this section. For the purposes of this section, a shellfish lease issued pursuant to G.S. 113-202 is defined as an aquaculture facility only when it has been amended pursuant to G.S. 113-202.1 to a…

(a) No landscape contractor shall use oyster shells as a ground cover. (b) Enforcement of the prohibition set forth in this section shall be under the jurisdiction of the Marine Fisheries Commission. (c) For purposes of this section, landscape contractor shall have the definition…

(a) The Wildlife Resources Commission may by rule provide for the appointment of persons as license agents to sell licenses and permits that the Commission is authorized to issue by this Subchapter or by any other provisions of law. To facilitate the convenience of the public, th…

(a) Except as provided in subsections (a1) and (d) of this section, on or after July 1, 2013, a person, regardless of age, may not procure a hunting license in this State without producing a hunter education certificate of competency or one of the following issued by the Wildlife…

(a) Except as otherwise specifically provided by law, no person may hunt, fish, trap, or participate in any other activity regulated by the Wildlife Resources Commission for which a license is provided by law without having first procured a current and valid license authorizing t…

(a) The combination hunting and inland fishing licenses set forth in subsection (b) of this section entitle the licensee to take all wild birds and wild animals, other than big game and waterfowl, by all lawful methods, except trapping, and in all open seasons, and to fish with h…

(a) Annual Sportsman License - $50.00. This license shall be issued only to an individual resident of the State and entitles the licensee to take all wild animals and wild birds, including waterfowl, by all lawful methods, except trapping, in all open seasons, and to fish with ho…

(a) The hunting licenses set forth in subdivisions (1), (2), (5), (6), and (7) of subsection (c) of this section entitle the holder to take wild birds and wild animals, other than big game and waterfowl, by all lawful methods, except trapping, and in all open seasons. Unless othe…

(a) A person applying for a hunting license may make a voluntary contribution to the Wildlife Resources Commission for the purpose of funding a hunter education program. (b) The Wildlife Resources Commission shall devise administrative procedure for the collection of all contribu…

(a) The Wildlife Resources Commission has exclusive production rights for the voluntary migratory waterfowl conservation print, and is authorized to adopt policy for the annual selection of an appropriate design for the print and to have the print produced for sale. This policy m…

(a) In addition to any hunting, trapping, or fishing license that may be required pursuant to G.S. 113-270.1B(a), individuals engaging in specially regulated activities must have the appropriate special activity license and stamp prescribed in this section before engaging in the …

(a) No one may serve for hire as a hunting or fishing guide without having first procured a current and valid hunting and fishing guide license. This license is valid only for use by an individual meeting the criteria set by the Wildlife Resources Commission for issuance of the l…

(a) Except as otherwise specifically provided by law, no person may take wild animals by trapping during open trapping seasons without a valid trapping license. (b) The trapping licenses issued by the Wildlife Resources Commission are as follows and entitle the licensee to access…

(a) An inland hook-and-line fishing license issued under subdivisions (2), (3), (5), (6), (6a), (6b), and (6c) of subsection (d) of this section entitles the licensee to fish with hook and line in inland fishing waters, joint fishing waters, and public mountain trout waters. An i…

(a) Except as otherwise specifically provided by law, no one may fish in inland fishing waters with any special device without having first procured a current and valid special device license. Special devices are all devices used in fishing other than hook and line. (b) Repealed …

Special provisions respecting fishing licenses; grabbling; taking bait fish; use of landing nets; lifetime licenses issued from Wildlife Resources Commission headquarters; personalized lifetime sportsman combination licenses. (a) The Wildlife Resources Commission by rule may defi…

(a) In the interest of the orderly and efficient conservation of wildlife resources, the Wildlife Resources Commission may provide for the licensing of individuals to take any of the wildlife resources of the State under a collection license that may serve in lieu of any other li…

(a) The Wildlife Resources Commission may license individuals to hold at a specified location wild animals and wild birds that are lawfully taken, crippled, tame, or unfit for immediate release into their natural habitat, or one or more of any particular species of wild animal or…

(a) The Wildlife Resources Commission shall regulate the possession and transportation, including importation and exportation, of non-farmed cervids, including game carcasses and parts of game carcasses extracted by hunters and carcasses and parts of carcasses imported from hunt …

(a) Except when otherwise indicated, licenses in this section are annual licenses issued beginning January 1 each year running until the following December 31. (b) Except as otherwise provided, no person may engage in any activity for which a license is provided under this sectio…

(a) As used in this Article, the word "permit" refers to a written authorization issued by an employee or agent of the Wildlife Resources Commission to an individual to conduct some activity over which the Wildlife Resources Commission has jurisdiction. Unless otherwise specified…

(a) The Wildlife Resources Commission is authorized to make agreements with other jurisdictions as to reciprocal honoring of licenses in the best interests of the conservation of wildlife resources. (a1) Notwithstanding the fees specified for nonresident individuals by G.S. 113-2…

(a), (b) Repealed by Session Laws 1979, c. 830, s. 1. (c) Except as otherwise provided in this Subchapter, every landholder, landholder's spouse, and dependent under 18 years of age residing with the landholder may take wildlife upon the land held by the landholder without any li…

In its discretion and in accordance with the best interests of the conservation of wildlife resources, the Wildlife Resources Commission may implement the provisions of this Article with rules that: (1) [Reserved.] (2) Regulate license requirements and exemptions applying to the …

(a) This section applies to the administrative control of: (1) Persons, other than individual hunters and fishermen taking wildlife as sportsmen, holding permits under this Article; (2) Individuals holding special device licenses under G.S. 113-272.2(c)(1), (1a), (2), and (2a); (…

(a) Upon conviction of a suspension offense under this section, the defendant's entitlement to any license or permit applicable to the type of activity the defendant was engaging in that resulted in the conviction is suspended for the period stated in subsection (d) or (f) of thi…

(a) Upon conviction of any licensee or permittee under this Article of a violation of any law or rule administered by the Wildlife Resources Commission under the authority of this Subchapter, the court in its discretion may order surrender of that license or permit plus any other…

Upon application by either the Secretary of Natural and Cultural Resources or the Secretary of Environmental Quality, the Governor is hereby authorized and empowered to commission as special peace officers such of the employees of the Departments as the Secretary may designate fo…

Any employee of either the Department of Natural and Cultural Resources or the Department of Environmental Quality commissioned as a special peace officer shall have the right to arrest with warrant any person violating any law or rule on or relating to the State parks, lakes, re…

Special peace officers employed by either the Department of Natural and Cultural Resources or the Department of Environmental Quality are officers of a "law enforcement agency" for purposes of G.S. 160A-288, and each Department shall have the same authority as a city or county go…