SECTION .1000 ‑ WARNING TICKETS

 

15A NCAC 10A .1001       PARTICULAR OFFENSES

(a)  Warning Tickets Prohibited.  Wildlife Enforcement

Officers shall not issue warning tickets for the following offenses, classes of

offenses or offenses committed in a particular manner:

(1)           second offense of a similar charge;

(2)           hunting, fishing, or trapping without a

license, except as listed in this Rule;

(3)           exceeding bag or creel limits;

(4)           taking fish or wildlife by use of poison,

explosives, or electricity;

(5)           hunting, fishing, or trapping in closed

season;

(6)           hunting on Game Lands during closed days;

(7)           firelighting deer;

(8)           unlawful taking or possession of antlerless

deer;

(9)           unlawful taking or possession of bear or

wild turkey;

(10)         unlawful purchase or sale of wildlife;

(11)         unlawful taking of fox; or

(12)         taking wildlife with the aid of or from a

motor vehicle or boat under power or while in motion.

(b)  Warning Tickets Permitted.  In accordance with the

conditions provided in G.S. 113‑140(c) and where there is a contemporaneous

occurrence of more than three violations of the motorboat statutes or

administrative rules, Wildlife Enforcement Officers may issue a citation on the

two most serious violations and a warning ticket on the lesser

violation(s).  In addition, Wildlife Enforcement Officers may issue

warning tickets for the following offenses:

(1)           Boating Violations:

(A)          number missing, lack of contrast, not properly

spaced or less than three inches in height;

(B)          no validation decal affixed or incorrect placement;

(C)          fire extinguisher not charged or non‑approved;

(D)          no fire extinguisher on boats with false bottoms not

completely sealed to hull or filled with flotation material;

(E)           failure to notify North Carolina Wildlife Resources

Commission of change of address of boat owner;

(F)           personal flotation device not Coast Guard approved;

(G)          failure to display navigation lights when there is

evidence that lights malfunctioned while underway;

(H)          no sound device;

(I)            muffler not adequate;

(J)            loaded firearm on access area;

(K)          parking on access area in other than designated

parking area, provided traffic to ramp not impeded;

(L)           motorboat registration expired 10 days or less;

(M)         no Type IV throwable personal flotation device on

board, but other personal flotation device requirements met;

(N)          violation of no‑wake speed zone when

mitigating circumstances present;

(O)          running lights on motorboat are obstructed, not

visible or improperly configured;

(P)           personal flotation device is not readily accessible

on board motorboat;

(Q)          failure to wear a kill-switch lanyard on personal

watercraft;

(R)          exceeding capacity of personal watercraft while

towing a skier;

(S)           allowing youth under the age of 12 to operate a

personal watercraft while accompanied by an adult;

(T)           wearing an inflatable personal flotation device

while operating a personal watercraft; or

(U)          No light available on board a manually propelled

vessel. 

(2)           License Violations:

(A            persons under 16 hunting, trapping, or trout

fishing without meeting statutory requirements;

(B)          senior citizens hunting or fishing without valid

license(s) (Senior citizens are those persons 65 years old or older);

(C)          when it appears evident that the wrong license was

purchased or issued by mistake;

(D)          failure to carry required license or identification

on person, if positive identification can be established;

(E)           non‑resident hunting, fishing, or trapping

with resident license, if domicile is established, but not 60 days;

(F)           hunting, fishing, or trapping on Game Lands or

fishing in Designated Trout Waters that are not properly posted or have been

posted for no more than 30 days;

(G)          persons who are 18 years or older or who do not

reside with their parents, when such persons are taking wildlife upon their

parent's land without a license as required by G.S. 113-270.2, 113-270.3(b)

except for subdivision (5), 113-270.5, 113-271, or 113-272;

(H)          failure to comply with a statutorily enacted license

requirement that has been in effect for less than a year; or

(I)            license expiration of 10 days or less.

(3)           Game Lands Violations:

(A)          camping on Game Lands in other than designated area;

or

(B)          possession of weapons readily available for use

while on game land thoroughfare, during closed season.

(4)           Trapping Violations:

(A)          improper chain length at dry land sets;

(B)          trap tag not legible;

(C)          trap tag missing, but with a group of properly

tagged traps;

(D)          trap tag missing, but evidence that animal

destroyed;

(E)           improper jawsize;

(F)           failure to comply with "offset" jaw

requirement for traps with jaw spread of more than 5 ½ inches;

(G)          failure to attend traps daily, during severe weather

(ice, high water, heavy snow); or

(H)          no written permission, but on right‑of‑way

of public road.

(5)           Miscellaneous Violations:

(A)          allowing dogs, not under the control of the owner to

chase deer during closed season;

(B)          attempting to take deer with dogs, or allowing dogs

to chase deer in restricted areas;

(C)          using dogs to track wounded deer during primitive

weapon season;

(D)          failure to report big game kill to nearest

cooperator agent, when game is tagged and subject is enroute to another agent;

(E)           training dogs or permitting them to run unleashed

on Game Lands west of I‑95 during the period of April 1 through August

15;

(F)           violation of newly adopted rules, when not readily

available to the public;

(G)          violation of local laws, when information not

available to the public;

(H)          all permits (except for fox depredation permit);

(I)            closed season, if misprinted in digest or suddenly

changed;

(J)            minor record violation (taxidermist);

(K)          failure to put name and address on marker

(trotline); or

(L)           failure to put name and address on nets.

(c)  Special Consideration.  Special consideration may be

given in local areas where the offender is hunting or fishing out of his normal

locality and is unfamiliar with the local law.  Consideration may also be given

for violations on newly opened or established Game Lands and on reclassified or

newly Designated Mountain Trout Waters.  Special consideration may be given to

offenders under 18 years of age.

 

History Note:        Authority G.S. 113‑140;

Eff. April 1, 1991;

Amended Eff. May 1, 2007; May 1, 2004; November 2, 1992;

November 1, 1991.