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North Carolina Legislation 1998

 

Wildlife

Chapter 28

 

Historically, a great deal of North Carolina's wildlife law has been contained in local acts that apply only to a particular county or area of the state, rather than in general, statewide laws. In 1998, the General Assembly enacted only one statewide wildlife law and two local wildlife laws affecting Northampton and Pasquotank counties. There were no public or local acts dealing with boating.

The perception that there is little change in North Carolina's wildlife law from year to year, however, is not entirely accurate. A great deal of the state's wildlife law is contained in rules promulgated annually by the North Carolina Wildlife Resources Commission. These rules change considerably from year to year, especially those setting seasons and bag limits for hunting.

Beaver Control

The native North American beaver had virtually no presence in North Carolina during the first half of the twentieth century, but its number has increased dramatically in recent years. The beaver was more or less a protected species until 1993, when the General Assembly enacted a statewide statute creating an open season for taking them. G.S. 113-291.9. In addition, some years ago the state began appropriating money for the removal of beaver (usually by eradication) in parts of the state where they were creating the most problems. In 1998, the General Assembly appropriated $500,000 for "beaver damage control programs," directed that these funds be expended on a statewide basis rather than being limited to a few counties, and provided that this program take precedence over the statewide trapping regulations contained in G.S. 20-291.6. S.L. 1998-212 (S 1366), Sec. 14.18. This now appears to be an ongoing statewide program that will continue to be funded in future years.

Local Acts

Northampton County

Effective August 13, 1998, S.L. 1998-94 (H 1624) repealed Chapter 1278 of the 1981 N.C. Session Laws (1982 Reg. Sess.). The 1982 act had allowed the taking of catfish and eels in traps (with a special device fishing license) from the U.S. 258 bridge to Occoneechee Gut during certain months. The repeal of this local act makes the state's general fishing law (as contained in Subchapter IV of G.S. Chapter 113, and rules adopted pursuant thereto) applicable with respect to fishing from the Occoneechee Gut bridge.

Pasquotank County

S.L. 1998-6 (H 1261) added Pasquotank to a list of counties in which it is unlawful to intentionally remove or destroy an electronic collar or other electronic device placed on a dog by its owner. See 1993 N.C. Sess. Laws Ch. 699; 1995 N.C. Sess. Laws Ch. 682; and S.L. 1997-150. (This act's purpose is probably to discourage interference with hunting dogs.) A first conviction for violation of this provision is a Class 3 misdemeanor, and a second or subsequent conviction is a Class 2 misdemeanor. Other counties already covered by this law include Alamance, Avery, Beaufort, Burke, Caldwell, Caswell, Craven, Cumberland, Haywood, Henderson, Hyde,
Jackson, Macon, McDowell, Orange, Pitt, Rockingham, Swain, Transylvania, Union, and
Wilkes. S.L. 1998-6 became effective December 1, 1998, and applies to offenses committed on or after that date.

Ben F. Loeb, Jr.

Copyright ©1998, Institute of Government, The University of North Carolina at Chapel Hill

About the publication Table of Contents Download this page in a PDF Version Go to the NCINFO Home Page