§ 113-292. Authority of the Wildlife Resources Commission in regulation of inland fishing and the introduction of exotic species.
§ 113‑292. Authority of the Wildlife ResourcesCommission in regulation of inland fishing and the introduction of exoticspecies.
(a) The Wildlife Resources Commission is authorized toauthorize, license, regulate, prohibit, prescribe, or restrict all fishing ininland fishing waters, and the taking of inland game fish in coastal fishingwaters, with respect to:
(1) Time, place, character, or dimensions of any methods orequipment that may be employed in taking fish;
(2) Seasons for taking fish;
(3) Size limits on and maximum quantities of fish that may betaken, possessed, bailed to another, transported, bought, sold, or given away.
(b) The Wildlife Resources Commission is authorized toauthorize, license, regulate, prohibit, prescribe, or restrict:
(1) The opening and closing of inland fishing waters, whetherentirely or only as to the taking of particular classes of fish, use ofparticular equipment, or as to other activities within the jurisdiction of theWildlife Resources Commission; and
(2) The possession, cultivation, transportation, importation,exportation, sale, purchase, acquisition, and disposition of all inlandfisheries resources and all related equipment, implements, vessels, andconveyances as necessary to implement the work of the Wildlife ResourcesCommission in carrying out its duties.
To the extent not in conflict with provisions enforced by theDepartment, the Wildlife Resources Commission may exercise the powers conferredin this subsection in coastal fishing waters pursuant to its rule of inlandgame fish in such waters.
(c) The Wildlife Resources Commission is authorized to make suchrules pertaining to the acquisition, disposition, transportation, andpossession of fish in connection with private ponds as may be necessary incarrying out the provisions of this Subchapter and the overall objectives ofthe conservation of wildlife resources.
(c1) The Wildlife Resources Commission is authorized to issueproclamations suspending or extending the hook‑and‑line season forstriped bass in the inland and joint waters of coastal rivers and theirtributaries, and the Commission may delegate this authority to the ExecutiveDirector. Each proclamation shall state the hour and date upon which it becomeseffective, and shall be issued at least 48 hours prior to the effective dateand time. A permanent file of the text of all proclamations shall be maintainedin the office of the Executive Director. Certified copies of proclamations areentitled to judicial notice in any civil or criminal proceeding.
The Executive Director shall make reasonable effort to give notice ofthe terms of any proclamation to persons who may be affected by it. This effortshall include press releases to communications media, posting of notices atboating access areas and other places where persons affected may gather,personal communication by agents of the Wildlife Resources Commission, andother measures designed to reach persons who may be affected. Proclamationsunder this subsection shall remain in force until rescinded following the sameprocedure established for enactment.
(d) The Wildlife Resources Commission is authorized toauthorize, license, regulate, prohibit, prescribe, or restrict anywhere in theState the acquisition, importation, possession, transportation, disposition, orrelease into public or private waters or the environment of zoological orbotanical species or specimens that may threaten the introduction of epizooticdisease or may create a danger to or an imbalance in the environment inimicalto the conservation of wildlife resources. This subsection is not intended togive the Wildlife Resources Commission the authority to supplant, enact anyconflicting rules, or otherwise take any action inconsistent with that of anyother State agency acting within its jurisdiction.
(e) It is unlawful for any person to:
(1) Release or place exotic species of wild animals or wildbirds in an area for the purpose of stocking the area for hunting or trapping;
(2) Release or place species of wild animals or wild birds notindigenous to that area in an area for the purpose of stocking the area forhunting or trapping;
(3) Take by hunting or trapping any animal or bird released orplaced in an area in contravention of subdivisions (1) and (2) of thissubsection, except under a permit to hunt or trap which may be issued by theWildlife Resources Commission for the purpose of eradicating or controlling thepopulation of any species of wildlife that has been so released or placed inthe area. (1965, c. 957, s. 2; 1973,c. 1262, s. 18; 1979, c. 830, s. 1; 1983, cc. 555, 615; 1987, c. 827, s. 98;1991, c. 104, s. 1; c. 636, s. 8; 2003‑344, s. 9.)