§ 113-294. Specific violations. - North Carolina Statutes

§ 113‑294.  Specificviolations.

(a)        Any person whounlawfully sells, possesses for sale, or buys any wildlife is guilty of a Class2 misdemeanor, unless a greater penalty is prescribed for the offense inquestion.

(b)        Any person whounlawfully sells, possesses for sale, or buys any deer or wild turkey is guiltyof a Class 2 misdemeanor, punishable by a fine of not less than two hundredfifty dollars ($250.00) in addition to such other punishment prescribed for theoffense in question.

(c)        Any person who unlawfullytakes, possesses, or transports any wild turkey is guilty of a Class 2misdemeanor, punishable by a fine of not less than two hundred fifty dollars($250.00) in addition to such other punishment prescribed for the offense inquestion.

(c1)      Any person whounlawfully takes, possesses, transports, sells, possesses for sale, or buys anybear or bear part is guilty of a Class 1 misdemeanor, punishable by a fine ofnot less than two thousand dollars ($2,000) in addition to such otherpunishment prescribed for the offense in question. Each of the acts specifiedshall constitute a separate offense.

(c2)      Any person whounlawfully takes, possesses, transports, sells, possesses for sale, or buys anycougar (Felis concolor) is guilty of a Class 1 misdemeanor, unless a greaterpenalty is prescribed for the offense in question.

(d)        Any person whounlawfully takes, possesses, or transports any deer is guilty of a Class 3misdemeanor, punishable by a fine of not less than one hundred dollars($100.00) in addition to such other punishment prescribed for the offense inquestion.

(e)        Any person whounlawfully takes deer between a half hour after sunset and a half hour beforesunrise with the aid of an artificial light is guilty of a Class 2 misdemeanor,punishable by a fine of not less than two hundred fifty dollars ($250.00) inaddition to such other punishment prescribed for the offense in question.

(f)         Any person whounlawfully takes, possesses, transports, sells, or buys any beaver, or violatesany rule of the Wildlife Resources Commission adopted to protect beavers, isguilty of a Class 3 misdemeanor, unless a greater penalty is prescribed for theoffense in question.

(g)        Any person whounlawfully takes wild animals or birds from or with the use of a vesselequipped with a motor or with motor attached is guilty of a Class 2misdemeanor, unless a greater penalty is prescribed for the offense inquestion.

(h)        Any person whowillfully makes any false or misleading statement in order to secure forhimself or another any license, permit, privilege, exemption, or other benefitunder this Subchapter to which he or the person in question is not entitled isguilty of a Class 1 misdemeanor.

(i)         Any person whoviolates any provision of G.S. 113‑291.6, regulating trapping, is guiltyof a Class 2 misdemeanor, unless a greater penalty is prescribed for theoffense in question.

(j)         Any person whounlawfully sells, possesses for sale, or buys a fox, or who takes any fox byunlawful trapping or with the aid of any electronic calling device is guilty ofa Class 2 misdemeanor, unless a greater penalty is prescribed for the offensein question.

(k)        Repealed by SessionLaws 1995, c. 209, s. 1.

(l)         Any person whounlawfully takes, possesses, transports, sells or buys any bald eagle or goldeneagle, alive or dead, or any part, nest or egg of a bald eagle or golden eagleis guilty of a Class 1 misdemeanor, unless a greater penalty is prescribed forthe offense in question.

(m)       Any person whounlawfully takes any migratory game bird with a rifle; or who unlawfully takesany migratory game bird with the aid of live decoys or any salt, grain, fruit,or other bait; or who unlawfully takes any migratory game bird during theclosed season or during prohibited shooting hours; or who unlawfully exceeds thebag limits or possession limits applicable to any migratory game bird; or whoviolates any of the migratory game bird permit or tagging rules of the WildlifeResources Commission is guilty of a Class 2 misdemeanor, punishable by a fineof not less than one hundred dollars ($100.00) in addition to any otherpunishment prescribed for the offense in question.

(n)        Any person whoviolates any rule of the Commission that restricts access by vehicle on gamelands to a person who holds a special vehicular access identification card andpermit issued by the Commission to persons who have a handicap that limitsphysical mobility shall be guilty of a Class 2 misdemeanor and shall be finednot less than one hundred dollars ($100.00) in addition to any other punishmentprescribed for the offense.

(o)        Any person whowillfully transports or attempts to transport live coyotes (Cania latrans) intothis State for any purpose, or who breeds coyotes for any purpose in thisState, is guilty of a Class 1 misdemeanor, and upon conviction the WildlifeResources Commission shall suspend any controlled hunting preserve operatorlicense issued to that person for two years.

(p)        Any person whowillfully imports or possesses black‑tailed or mule deer (Odocoileushemionus and all subspecies) in this State for any purpose is guilty of a Class1 misdemeanor.

(q)        Any person whoviolates any provision of G.S. 113‑291.1A is guilty of a Class 1misdemeanor.

(r)        It is unlawful toplace processed food products as bait in any area of the State where theWildlife Resources Commission has set an open season for taking black bears.For purposes of this subsection, the term "processed food products"means any food substance or flavoring that has been modified from its rawcomponents by the addition of ingredients or by treatment to modify itschemical composition or form or to enhance its aroma or taste. The termincludes substances modified by sugar, honey, syrups, oils, salts, spices,peanut butter, grease, meat, bones, or blood, as well as extracts of suchsubstances. The term also includes sugary products such as candies, pastries,gums, and sugar blocks, as well as extracts of such products. Nothing in thissubsection prohibits the lawful disposal of solid waste or the legitimatefeeding of domestic animals, livestock, or birds. The prohibition againsttaking bears with the use and aid of bait shall not apply to the release ofdogs in the vicinity of any food source that is not a processed food product asdefined herein. Violation of this subsection constitutes a Class 2 misdemeanor.(1935, c. 486,s. 25; 1939, c. 235, s. 2; c. 269; 1941, c. 231, s. 2; c. 288; 1945, c. 635;1949, c. 1205, s. 4; 1953, c. 1141; 1963, c. 147; c. 697, ss. 2, 31/2; 1965, c.616; 1967, c. 729; c. 1149, s. 1; 1971, c. 423, s. 1; c. 524; c. 899, s. 2;1973, c. 677; 1975, c. 216; 1977, c. 705, s. 4; c. 794, s. 2; c. 933, s. 8;1979, c. 830, s. 1; 1985, c. 306; c. 554, s. 3; 1987, c. 452, s. 4; c. 827, s.98; 1989, c. 327, s. 2; 1991, c. 366, s. 1; 1993, c. 539, s. 863; 1994, Ex.Sess., c. 24, s. 14(c); 1995, c. 209, ss. 1, 2; 2003‑96, s. 2; 2003‑344,s. 10; 2005‑62, s. 2; 2007‑96, s. 1.)