§ 113-307.1. Legislative assent to specific federal acts.
§ 113‑307.1. Legislative assent to specific federal acts.
(a) The consent of theGeneral Assembly of North Carolina is hereby given to the making by theCongress of the United States, or under its authority, of all such rules andregulations as the federal government shall determine to be needful in respectto game animals, game and nongame birds, and fish on such lands in the westernpart of North Carolina as shall have been, or may hereafter be, purchased bythe United States under the terms of the act of Congress of March 1, 1911,entitled "An act to enable any state to cooperate with any other state orstates, or with the United States, for the protection of the watersheds ofnavigable streams, and to appoint a commission for the acquisition of lands forthe purposes of conserving the navigability of navigable rivers" (36 Stat.961), and acts of Congress supplementary thereto and amendatory thereof, and inor on the waters thereon.
Nothing in this subsectionshall be construed as conveying the ownership of wildlife from the State ofNorth Carolina or permit the trapping, hunting, or transportation of any gameanimals, game or nongame birds, or fish by any person, including any agency,department, or instrumentality of the United States or agents thereof, on thelands in North Carolina, as shall have been or may hereafter be purchased bythe United States under the terms of any act of Congress, except in accordancewith the provisions of this Subchapter and its implementing regulations.Provided, that the provisions of G.S. 113‑39 apply with respect tolicenses.
Any person, includingemployees or agents of any department or instrumentality of the United States,violating the provisions of this subsection is guilty of a Class 1 misdemeanor.
(b) The State of NorthCarolina hereby assents to the provisions of the act of Congress entitled"An act to provide that the United States shall aid the states in wildliferestoration projects, and for other purposes," approved September 2, 1937(Public Law 415, 75th Congress), and the Wildlife Resources Commission ishereby authorized, empowered, and directed to perform such acts as may benecessary to the conduct and establishment of cooperative wildlife restorationprojects, as defined in said act of Congress, in compliance with said act andrules and regulations promulgated by the Secretary of the Interior thereunder;and no funds accruing to the State of North Carolina from license fees paid byhunters shall be diverted for any other purpose than the protection and propagationof game and wildlife in North Carolina and administration of the laws enactedfor such purposes, which laws are and shall be administered by the WildlifeResources Commission.
(c) Assent is herebygiven to the provisions of the act of Congress entitled "An act to providethat the United States shall aid the states in fish restoration and managementprojects, and for other purposes," approved August 9, 1950 (Public Law681, 81st Congress), and the Wildlife Resources Commission is hereby authorized,empowered, and directed to perform such acts as may be necessary to the conductand establishment of cooperative fish restoration projects, as defined in saidact of Congress, in compliance with said act and rules and regulationspromulgated by the Secretary of the Interior thereunder; and no funds accruingto the State of North Carolina from license fees paid by fishermen shall bedirected for any other purpose than the administration of the WildlifeResources Commission and for the protection, propagation, preservation, andinvestigation of fish and wildlife.
(d) If as aprecondition to receiving funds under any cooperative program there must be aseparation of license revenues received from certain classes of licensees andutilization of such revenues for limited purposes, the Wildlife ResourcesCommission is directed to make such arrangements for separate accounting withinthe Wildlife Resources Fund, or for separate funding, as may be necessary toinsure the use of the revenues for the required purposes and eligibility forthe cooperative funds. This subsection applies whether the cooperative programis with a public or private agency and whether the Wildlife ResourcesCommission acts alone on behalf of the State or in conjunction with some otherState agency. (1915,c. 205; C.S., s. 2099; 1939, c. 79, ss. 1, 2; 1979, c. 830, s. 1; 1993, c. 539,s. 867; 1994, Ex. Sess., c. 24, s. 14(c); 2004‑199, s. 3.)