§ 113-306. Administrative authority of Wildlife Resources Commission; disposition of license funds; delegation of powers; injunctive relief; emergency powers. - North Carolina Statutes

§ 113‑306. Administrative authority of Wildlife Resources Commission; disposition oflicense funds; delegation of powers; injunctive relief; emergency powers.

(a)        In the overall bestinterests of the conservation of wildlife resources, the Wildlife ResourcesCommission may lease or purchase lands, equipment, and other property; acceptgifts and grants on behalf of the State; establish wildlife refuges, managementareas, and boating and fishing access areas, either alone or in cooperationwith others; provide matching funds for entering into projects with some othergovernmental agency or with some scientific, educational, or charitablefoundation or institution; condemn lands in accordance with the provisions ofChapter 40A of the General Statutes and other governing provisions of law; andsell, lease, or give away property acquired by it. Provided, that any privateperson selected to receive gifts or benefits by the Wildlife ResourcesCommission be selected:

(1)        With regard to theoverall public interest that may result; and

(2)        From a defined classupon such a rational basis open to all within the class as to preventconstitutional infirmity with respect to requirements of equal protection ofthe laws or prohibitions against granting exclusive privileges or emoluments.

(b)        Except as otherwisespecifically provided by law, all money credited to, held by, or to be receivedby the Wildlife Resources Commission from the sale of licenses authorized bythis Subchapter must be consolidated and placed in the Wildlife Resources Fund.

(c)        The WildlifeResources Commission may, within the terms of policies set by rule, delegate tothe Executive Director all administrative powers granted to it.

(d)        The WildlifeResources Commission is hereby authorized and directed to develop a plan andpolicy of wildlife management for all lands owned by the State of NorthCarolina which are suitable for this purpose. The Division of State Propertyand Construction of the Department of Administration shall determine whichlands are suitable for the purpose of wildlife management. Nothing in thewildlife management plan shall prohibit, restrict, or require the change in useof State property which is presently being used or will in the future be usedto carry out the goals and objectives of the State agency utilizing such land.Each plan of wildlife management developed by the Wildlife Resources Commissionshall consider the question of public hunting; and whenever and whereverpossible and consistent with the primary land use of the controlling agency,public hunting shall be allowed under cooperative agreement with the WildlifeResources Commission. Any dispute over the question of public hunting shall beresolved by the Division of State Property and Construction.

(e)        Subject to anypolicy directives adopted by the members of the Wildlife Resources Commission,the Executive Director in his discretion may institute an action in the name ofthe Wildlife Resources Commission in the appropriate court for injunctiverelief to prevent irreparable injury to wildlife resources or to prevent orregulate any activity within the jurisdiction of the Wildlife ResourcesCommission which constitutes a public nuisance or presents a threat to publichealth or safety.

(f)         The WildlifeResources Commission may adopt rules governing the exercise of emergency powersby the Executive Director when the Commission determines that such powers arenecessary to respond to a wildlife disease that threatens irreparable injury towildlife or the public. The rules shall provide that the Executive Directormust consult with the Commission, the State Veterinarian, and the Governorprior to implementing the emergency powers. The rules shall also specify themethod by which the public will be notified of the exercise of emergencypowers. The exercise of emergency powers shall not extend for more than 90 daysafter the Commission's determination that a disease outbreak has occurred,unless a temporary rule is adopted by the Commission in accordance with G.S.150B‑21.1 to replace the emergency powers. If a temporary rule is adoptedprior to the expiration of the 90 days, the Executive Director may continue toexercise emergency powers until either a permanent rule to replace thetemporary rule becomes effective or the temporary rule expires as provided byG.S. 150B‑21.1(d). The Commission's determination that a disease outbreakhas occurred shall constitute a basis for adoption of a temporary rule. Theemergency powers that may be authorized by rules adopted pursuant to thissubsection include:

(1)        Prohibitingactivities that aid in the transmission or movement of the disease.

(2)        Implementingactivities to reduce infection opportunities.

(3)        Implementingrequirements to assist in the detection and isolation of the disease. (1965, c. 957, s. 2; 1973, c.1262, s. 18; 1977, c. 759; 1979, c. 830, s. 1; 1981, c. 482, s. 3; 1987, c.827, ss. 98, 106; 2007‑401, s. 1.)