§ 113-135.1. Limitation upon penalty for offense created by rules of Wildlife Resources Commission in certain instances.

276 words·~1 min read·/nc/chapter-113/113-135-1

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(a)To prevent unsuspecting members of the public from being subject to harsh criminal penalties for offenses created by rules of the Wildlife Resources Commission, the penalty for an offense that is solely a violation of rules of the Wildlife Resources Commission is limited to a fine of twenty-five dollars ($25.00) except as follows:

(1)Offenses set out in subsection

(b)of this section are punishable as set forth in G.S. 113-135 or other sections of the General Statutes.

(2)A person who parks a vehicle in violation of a rule regulating the parking of vehicles at boating access or boating launch areas is responsible for an infraction and shall pay a fine of fifty dollars ($50.00).

(b)The limitation upon penalty does not apply to any rule violation:

(1)Punishable under G.S. 113-294 or otherwise involving aggravating elements that result in a greater punishment than provided by G.S. 113-135;

(2)That involves a defendant subject to the collection-license provisions of G.S. 113-272.4 or who is a dealer as defined in G.S. 113-273; or

(3)Relating to seasons, bag limits, creel limits, taking fish other than with hook and line, buying or selling wildlife, possessing or transporting live wildlife, taking wildlife at night or with the aid of a conveyance, or falconry. [or]

(4)Related to violation of emergency powers exercised to respond to a wildlife disease that threatens irreparable injury to wildlife or the public pursuant to G.S. 113-306(f). (1979, c. 830, s. 1; 1987, c. 827, s. 98; 2005-164, s. 1; 2012-200, s. 19; 2022-65, s. 1(a).)