North Carolina § 113-291 - 10. Beaver Damage Control Advisory Board.

§ 113-291. 10. Beaver Damage Control Advisory Board.

There is established the Beaver Damage Control Advisory Board. The Board shall consist of nine members, as follows: The Executive Director of the North Carolina Wildlife Resources Commission, or his designee, who shall serve as chair; The Commissioner of Agriculture, or a designee; The Assistant Commissioner of the North Carolina Forest Service of the Department of Agriculture and Consumer Services, or a designee; The Director of the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services, or a designee; A representative of the North Carolina Association of County Commissioners; The Secretary of Transportation, or a designee; The State Director of the Wildlife Services Division of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or a designee; The President of the North Carolina Farm Bureau Federation, Inc., or a designee, representing private landowners; and A representative of the North Carolina Forestry Association. The Beaver Damage Control Advisory Board shall develop a statewide program to control beaver damage on private and public lands. The Beaver Damage Control Advisory Board shall act in an advisory capacity to the Wildlife Resources Commission in the implementation of the program. In developing the program, the Board shall: Orient the program primarily toward public health and safety and toward landowner assistance, providing some relief to landowners through beaver control and management rather than eradication; Develop a priority system for responding to complaints about beaver damage; Develop a system for documenting all activities associated with beaver damage control, so as to facilitate evaluation of the program; Provide educational activities as a part of the program, such as printed materials, on-site instructions, and local workshops; and Provide for the hiring of personnel necessary to implement beaver damage control activities, administer the program, and set salaries of personnel. The Wildlife Resources Commission shall implement the program, and may enter a cooperative agreement with the Wildlife Services Division of the Animal and Plant Health Inspection Service, United States Department of Agriculture, to accomplish the program. Notwithstanding G.S. 113-291.6(d) or any other law, it is lawful to use snares when trapping beaver pursuant to the beaver damage control program developed pursuant to this section. The provisions of Chapter 218 of the 1975 Session Laws; Chapter 492 of the 1951 Session Laws, as amended by Chapter 506 of the 1955 Session Laws; and Chapter 1011 of the 1983 Session Laws do not apply to trapping carried out in implementing the beaver damage control program developed pursuant to this section. In case of any conflict between G.S. 113-291.6(a) and G.S. 113-291.6(b) and this section, this section prevails. Each county that wishes to participate in this program for a given State fiscal year shall provide written notification of its wish to participate no later than May 1 of the preceding fiscal year and shall remit the sum of six thousand dollars ($6,000) in local funds no later than July 31 of the fiscal year for which enrollment is sought. Funds, as appropriated for this program each fiscal year of the biennium, shall be paid from funds available to the Wildlife Resources Commission to provide the State share necessary to support this program, provided the sum of at least twenty-five thousand dollars ($25,000) in federal funds is available each fiscal year of the biennium to provide the federal share. No later than December 1 of each year, the Board shall issue a report to the Wildlife Resources Commission, the Senate and House Appropriations Subcommittees on Natural and Economic Resources, and the Fiscal Research Division on the results of the program during the preceding year. History (1991 (Reg. Sess., 1992), c. 1044, s. 69; 1993, c. 561, s. 111; 1993 (Reg. Sess., 1994), c. 769, s. 27.3; 1995, c. 358, s. 7; c. 437, s. 5; c. 467, s.4; c. 507, s. 26.6; 1996 Second Ex. Sess., c. 18, s. 27.15; 1997-256, s. 10; 1997-347, s. 6; 1997-401, s. 6; 1997-418, s. 5; 1997-443, c. 15.44; 1998-23, s. 16; 1998-212, s. 14.18(a)-(c), (e); 1999-237, s. 15.1(b), (c); 2005-386, s. 1.7; 2007-484, s. 13; 2009-451, s. 13.10; 2011-145, ss. 13.22A(bb), 13.25(rr), 13.29; 2013-155, s. 18; 2019-204, s. 9.) Effect of Amendments. - Session Laws 2005-386, s. 1.7, effective September 13, 2005, substituted "Division of Soil and Water Conservation" for "Soil and Water Conservation Division" in subdivision (a)(4). Session Laws 2007-484, s. 13, effective August 30, 2007, deleted "and Consumer Services" following "Commissioner of Agriculture" in subdivision (a)(2). Session Laws 2009-451, s. 13.10, effective July 1, 2009, added the last sentence of subsection (f). Session Laws 2011-145, s. 13.22A(bb), effective July 1, 2011, substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources" in subdivision (a)(4). Session Laws 2011-145, s. 13.25(rr), effective July 1, 2011, substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources" in subdivision (a)(3). Session Laws 2011-145, s. 13.29, effective July 1, 2011, substituted "Funds, as appropriated for this program each fiscal year of the biennium, shall be paid" for "At least three hundred forty-nine thousand dollars ($349,000) each fiscal year of the biennium shall be paid" in the last sentence of subsection (f). Session Laws 2013-155, s. 18, effective July 1, 2013, substituted "Assistant Commissioner of the North Carolina Forest Service" for "Director of the Division of Forest Resources" in subdivision (a)(3). Session Laws 2019-204, s. 9, effective January 1, 2020, rewrote subdivision (a)(5), which formerly read: "The Director of the North Carolina Cooperative Extension Service, or a designee"; substituted "December 1" for "March 15" in the ending undesignated paragraph of subdivision (b)(5); and rewrote the first sentence of subsection (f), which formerly read: "Each county that volunteers to participate in this program for a given fiscal year shall provide written notification of its wish to participate no later than September 30 of that year and shall commit the sum of four thousand dollars ($4,000) in local funds no later than September 30 of that year."