(N.C. Gen. Stat. § 113-295 (1994))
GENERAL STATUTES OF NORTH CAROLINA
CHAPTER 113. CONSERVATION AND DEVELOPMENT.
SUBCHAPTER IV. CONSERVATION OF MARINE AND ESTUARINE AND WILDLIFE
RESOURCES.
ARTICLE 22. REGULATION OF WILDLIFE.
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§ 113-295 Unlawful harassment of persons taking
wildlife resources.
(a) It is unlawful for a person to interfere intentionally with the
lawful taking of wildlife resources or to drive, harass, or
intentionally disturb any wildlife resources for the purpose of
disrupting the lawful taking of wildlife resources. It is unlawful to
take or abuse property, equipment, or hunting dogs that are being
used for the lawful taking of wildlife resources. This subsection
does not apply to a person who incidentally interferes with the
taking of wildlife resources while using the land for other lawful
activity such as agriculture, mining, or recreation. This subsection
also does not apply to activity by a person on land he owns or
leases.
Violation of this subsection is a Class 2 misdemeanor for a first
conviction and a Class 1 misdemeanor for a second or subsequent
conviction.
(b) The Wildlife Resources Commission may, either before or after the
institution of any other action or proceeding authorized by this
section, institute a civil action for injunctive relief to restrain a
violation or threatened violation of subsection (a) of this section
pursuant to G.S. 113-131. The action shall be brought in the superior
court of the county in which the violation or threatened violation is
occurring or about to occur and shall be in the name of the State
upon the relation of the Wildlife Resources Commission. The court, in
issuing any final order in any action brought pursuant to this
subsection may, in its discretion, award costs of litigation
including reasonable attorney and expert-witness fees to any party.
(1987, c. 636, s. 3; 1993, c. 539, s. 864; 1994, Ex. Sess., c. 24, s.
14(c).) |
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