§ 113-267. Replacement costs of marine, estuarine, and wildlife resources; rules authorized; prima facie evidence. - North Carolina Statutes

§ 113‑267. Replacement costs of marine, estuarine, and wildlife resources; rulesauthorized; prima facie evidence.

To provide information to the courts and other officials taking actionunder G.S. 15A‑1343(b1)(5), under G.S. 143‑215.3(a)(7), or underany other pertinent authority of law, the Marine Fisheries Commission and theWildlife Resources Commission are authorized to adopt rules setting forth thefactors that should be considered in determining the replacement costs of fishand wildlife and other marine, estuarine, and wildlife resources that have beentaken, injured, removed, harmfully altered, damaged, or destroyed. The MarineFisheries Commission and the Wildlife Resources Commission may make similarrules respecting costs of investigations required by G.S. 143‑215.3(a)(7)or which are made pursuant to a court order. For common offenses resulting inthe destruction of marine, estuarine, and wildlife resources the MarineFisheries Commission and the Wildlife Resources Commission may adopt schedules ofcosts which reasonably state the likely replacement costs and necessaryinvestigative costs when appropriate. Rules of the Marine Fisheries Commissionand the Wildlife Resources Commission stating scheduled costs or cost factorsmust be treated as prima facie evidence of the actual costs, but do not preventa court or jury from examining the reasonableness of the rules or fromassessing the special factors in a case which may make the true costs eitherhigher or lower than the amount stated in the rules. The term "replacementcosts" must be broadly construed to include indirect costs of replacementthrough habitat improvement or restoration, establishment of sanctuaries, andother recognized conservation techniques when direct stocking or replacement isnot feasible. (1979, c. 830, s.1; 1985, c. 509, s. 7; 1987, c. 827, s. 98.)