§ 113-130. Definitions relating to activities of public. - North Carolina Statutes

§ 113‑130.  Definitions relating to activitiesof public.

The following definitions and their cognates apply to activities of thepublic in regard to marine and estuarine and wildlife resources:

(1)        Repealed by Session Laws 1979, c. 830, s. 1.

(1a)      Falconry. – The sport of taking quarry by means of a trainedraptor.

(1b)      Individual. – A human being.

(1c)      Landholder. – Any individual, resident or nonresident, owningland in this State or, when he is the one principally engaged in cultivatingthe land, leasing land in this State for agricultural purposes.

(2)        Owner; Ownership. – As for personal property, refers topersons having beneficial ownership and not to those holding legal title forsecurity; as for real property, refers to persons having the present right ofcontrol, possession, and enjoyment, whether as life tenant, fee holder,beneficiary of a trust, or otherwise. Provided, that this definition does notinclude lessees of property except where the lease arrangement is a securitydevice to facilitate what is in substance a sale of the property to the lessee.

(3)        Person. – Any individual; or any partnership, firm,association, corporation, or other group of individuals capable of suing orbeing sued as an entity.

(4)        Resident. – In the case of:

a.         Individuals. – One who at the time in question has residedin North Carolina for the preceding six months or has been domiciled in NorthCarolina for the preceding 60 days. When domicile in the State for a period of60 days up to six months is the basis for establishing residence, theindividual must sign a certificate on a form supplied by the Department or theWildlife Resources Commission, as the case may be, stating the necessary factsand the intent to establish domicile here.

b.         Corporations. – A corporation which is chartered under thelaws of North Carolina and has its principal office within the State.

c.         Partnerships. – A partnership in which all partners areresidents of North Carolina and which has its principal office in the State.

d.         Other Associations and Groups Fitting the Definition ofPerson. – An association or group principally composed of individual residentsof North Carolina, with its principal office, if any, in the State, andorganized for a purpose that contemplates more involvement or contact with thisState than any other state.

e.         Military Personnel and Their Dependents. – A member of thearmed forces of the United States stationed at a military facility in NorthCarolina, his spouse, and any dependent under 18 years of age residing with himare deemed residents of the State, of the county in which they live, and also,if different, of any county in which the military facility is located.

f.          Students. – Nonresident students attending a university,college, or community college in the State.

(4a)      To Buy; Purchase. – Includes a purchase or exchange ofproperty, or an offer or attempt to purchase or exchange, for money or anyother valuable consideration.

(5)        To Fish. – To take fish.

(5a)      To Hunt. – To take wild animals or wild birds.

(6)        To Sell; Sale. – Includes a sale or exchange of property, oran offer or attempt to sell or exchange – for money or any other valuableconsideration.

(7)        To Take. – All operations during, immediately preparatory,and immediately subsequent to an attempt, whether successful or not, tocapture, kill, pursue, hunt, or otherwise harm or reduce to possession anyfisheries resources or wildlife resources.

(7a)      To Trap. – To take wild animals or wild birds by trapping.

(8)        Vessel. – Every description of watercraft, other than aseaplane on the water, used or capable of being used as a means oftransportation on water. (1965, c. 957, s. 2; 1971,c. 705, s. 3; 1973, c. 1262, s. 18; 1979, c. 830, s. 1; 2005‑455, s.1.21.)