North Carolina § 113-135 - 1. Limitation upon penalty for offense created by rules of Wildlife Resources Commission in certain instances.

§ 113-135. 1. Limitation upon penalty for offense created by rules of Wildlife Resources Commission in certain instances.

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: 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. 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). The limitation upon penalty does not apply to any rule violation: Punishable under G.S. 113-294 or otherwise involving aggravating elements that result in a greater punishment than provided by G.S. 113-135; 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 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. History (1979, c. 830, s. 1; 1987, c. 827, s. 98; 2005-164, s. 1; 2012-200, s. 19.) Editor's Note. - Session Laws 2012-200, s. 29, made Session Laws 2012-200, s. 19, which amended subsection (a) to increase the fine to $25, applicable to violations and offenses committed on or October 1, 2012. Prosecutions for offenses committed before October 1, 2012 are not abated or affected by Session Laws 2012-200, and the statutes that would be applicable but for Session Laws 2012-200 remain applicable to those prosecutions. Effect of Amendments. - Session Laws 2012-200, s. 19, effective October 1, 2012, substituted "twenty-five dollars ($25.00)" for "ten dollars" in subsection (a). For applicability, see editor's note.