§ 113-282. Registration and posting of property.
§ 113‑282. Registration and posting of property.
(a) A person who controls the hunting, fishing, or hunting andfishing rights to a tract of property and wishes to register it under thisArticle must apply to the Wildlife Resources Commission in accordance withthis section.
(b) The registration application must contain:
(1) A statement under oath by the applicant that he has theright to control hunting or fishing, or both, on the tract of property to beregistered. If the applicant is not a landholder, he must file a copy of hislease or other document granting him control of hunting, fishing, or huntingand fishing rights on the tract.
(2) Three copies of a description of the tract that will allowlaw‑enforcement officers to determine in the field, and prove in court,whether an individual is within the boundaries of the tract. This descriptionmay take the form of a map, plat, aerial photograph showing boundaries, diagramkeyed to known landmarks, or any other document or description that graphicallydemarks the boundaries with sufficient accuracy for use by officers in courtand in the field. Any amendment of the boundaries of a registered tract must beaccomplished by a new registration application meeting the requirements of thissubsection.
(3) An agreement by the applicant to post the tract inaccordance with the requirements of this section and to make a continuingeffort to maintain posted notices for the tract.
(4) An agreement by the applicant to issue or cause issuance ofan entry permit to all individuals to whom he or his authorized agent givespermission to hunt or fish on the tract. The applicant must file the name andsignature of any agent authorized by him to issue the entry permit, and aregistrant must amend his application to rescind the agent's authority and tosubstitute or add an authorized agent.
(5) A fee of ten dollars ($10.00) to cover the administrativecosts of processing the registration application.
(c) The Executive Director must examine any submittedapplication to determine whether the requirements of subsection (b) have beenfully met. If he determines that these requirements have been met and if hisinquiries of persons with knowledge of the locality of the tract corroboratethe truthfulness and accuracy of the information in the application, he mustregister the tract of property and notify the registrant of his action.Registration consists of filing the application in a central registry open tothe public with an indication whether the property is registered as to hunting,fishing, or both. Upon registration, the Executive Director must send, for the information of protectors and other law‑enforcement officers, the two duplicate copies of the description of the tract as follows: (i) to the sheriffof the county in which the tract is located, or to the chief of the countypolice department if such a department is the primary agency enforcing thecriminal laws in a county; and (ii) to an appropriate protector stationed inthe area where the tract is located. The Executive Director must also furnishofficers with copies of the signatures of registrants and their authorizedagents and other pertinent information for enforcement of this Article.
(d) A registrant must post his registered property as soon aspracticable after receiving notice that the tract was accepted forregistration. Posted notices must measure at least 120 square inches; containthe word "POSTED" in letters at least three inches high; state thatthe property is registered with the Wildlife Resources Commission and thathunting or fishing, or both, are prohibited without an entry permit; and setout the name and address and, if feasible, the telephone number of the personto contact for an entry permit. At least one notice must be conspicuouslyposted on the registered property not more than 200 yards apart close to andalong the boundaries. In any event at least one notice must be placed on eachside of the registered property, one at each corner, and one at each point ofentry. A point of entry is where a roadway, trail, path, or other way likely tobe used by entering sportsmen leads into the tract. If registered property isposted only with respect to fishing, it is sufficient if the notices prohibitfishing without permission, and are posted at intervals of not more than 200yards along the stream or shoreline and at points of entry likely to be used byfishermen. Notices posted along the boundaries of a tract must face in thedirection that they will be most likely seen by persons entering the tract. Noticesposted along a stream or shoreline must face in the direction that they willmost likely be seen by anyone intending to fish. With respect to any particularhunter or fisherman, or person who has entered to hunt or fish, there issubstantial compliance with this subsection, notwithstanding that one or moreof the required notices may be absent, illegible, or improperly placed, if anynotice is or has been reasonably visible to him while he was within orapproaching the registered tract.
(e) If a registrant loses his proprietary interest or hiscontrol of the hunting, fishing, or hunting and fishing rights as to which he has registered the property, he must within 20 days notify the ExecutiveDirector. If a new person who controls those rights wishes to continue theregistration of the tract, he must make application under the terms ofsubsection (b), except that no copies of the tract's description need be filedif there is no change of boundaries. When the Executive Director receives thenotice under this subsection, or otherwise learns that a registrant has losthis proprietary control of the applicable hunting, fishing, or hunting andfishing rights, and there is no pending application to continue registration ofthe tract, the Executive Director must immediately delete registration of thetract, notify the presently responsible landholder, and require him to removeany remaining posted notices.
(f) A person who controls the hunting, fishing, or hunting andfishing rights to registered property may apply to the Wildlife ResourcesCommission in writing to delete the registration of the tract. If he is not theregistrant, he must satisfy the Executive Director of his present right tocontrol the applicable hunting and fishing rights. If he is the registrant, hisstatement that he still controls the applicable rights on the tract issufficient unless the Executive Director has reason to require further evidenceon this point. Upon determination that an application to delete is proper, theExecutive Director must immediately delete registration of the tract, notifythe presently responsible landholder, and require him to remove any remainingposted notices.
(g) Any law‑enforcement officer or any employee of theWildlife Resources Commission who determines that a registrant has failed tokeep registered property posted in compliance with subsection (d) must sonotify the registrant or his agent. If within a reasonable time after noticethe registrant fails to take steps to post or repost the tract, or if withoutregard to notice a registrant is inexcusably or repeatedly negligent in failingto keep the tract properly posted, the Executive Director must immediatelydelete registration of the tract, notify the presently responsible landholder,and require him to remove any remaining posted notices.
(h) A landholder's failure to cause the removal of all postedsigns within a reasonable time after receipt of notice that the tract has beendeleted from registration is a misdemeanor punishable as provided in G.S. 113‑135.(1981, c. 854, s. 1.)