§ 113-333. Powers and duties of the Commission.
§ 113‑333. Powers andduties of the Commission.
(a) In theadministration of this Article, the Wildlife Resources Commission shall havethe following powers and duties:
(1) To adopt and publishan endangered species list, a threatened species list, and a list of species ofspecial concern, as provided for in G.S. 113‑334, identifying each entryby its scientific and common name.
(2) To reconsider andrevise the lists from time to time in response to public proposals or as theCommission deems necessary.
(3) To coordinatedevelopment and implementation of conservation programs and plans forendangered and threatened species of wild animals and for species of specialconcern.
(4) To adopt andimplement conservation programs for endangered, threatened, and special concernspecies and to limit, regulate, or prevent the taking, collection, or sale ofprotected animals.
(5) To conductinvestigations to determine whether a wild animal should be on a protectedanimal list and to determine the requirements for conservation of protectedwild animal species.
(6) To adopt andimplement rules to limit, regulate, or prohibit the taking, possession,collection, transportation, purchase or sale of those species of wild animalsin the classes Amphibia and Reptilia that do not meet the criteria for listingpursuant to G.S. 113‑334 if the Commission determines that the speciesrequires conservation measures in order to prevent the addition of the speciesto the protected animal lists pursuant to G.S. 113‑334. This subdivisiondoes not authorize the Commission to prohibit the taking of any species of theclasses Amphibia and Reptilia solely to protect persons, property, or habitat;to prohibit possession by any person of four or fewer individual reptiles; orto prohibit possession by any person of 24 or fewer individual amphibians.
(b) Using theprocedures set out in Article 2A of Chapter 150B of the General Statutes, theWildlife Resources Commission shall develop a conservation plan for therecovery of protected wild animal species. In developing a conservation planfor a protected wild animal species, the Wildlife Resources Commission shallconsider the range of conservation, protection, and management measures thatmay be applied to benefit the species and its habitat. The conservation planshall include a comprehensive analysis of all factors that have been identifiedas causing the decline of the protected wild animal species and all measuresthat could be taken to restore the species. The analysis shall consider thecosts of measures to protect and restore the species and the impact of thosemeasures on the local economy, units of local government, and the use anddevelopment of private property. The analysis shall consider reasonablyavailable options for minimizing the costs and adverse economic impacts ofmeasures to protect and restore the species.
(c) In implementing aconservation plan under this Article, the Wildlife Resources Commission shallnot adopt any rule that restricts the use or development of private property. Ifa conservation plan identifies a conservation, protection, or restorationmeasure the implementation of which is beyond the scope of the authority of theWildlife Resources Commission, the Commission may petition the GeneralAssembly, any agency that has regulatory authority to implement the measure, aunit of local government, or any other public or private entity and request theassistance of that agency or entity in implementing the measure.
(d) The Commission isauthorized to develop a bat eviction and exclusion curriculum that may betaught by trade associations or wildlife conservation organizations forcertification. The curriculum may incorporate the training that is provided aspart of Wildlife Damage Control Agent certification in best managementpractices for removing and evicting bats from structures and in preventing batsfrom reentering structures. (1987, c. 382, s. 1; 1995, c. 392, s. 1; 2003‑100,s. 1; 2009‑219, s. 1.)