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 ˝ 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.