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<br />:ART. 22. RE(;1:1,AT10.N OF 11'll_Ul,1H'l §113 -291.2
<br />Local Modification. — Alamance, Rowan and Wilkes: 1981, c. 410; 1981
<br />Davidson, Randolph, Rockingham, (Reg- Sess -, 1982), c. 1180.
<br />CASE NOTES
<br />Editor's Note. — The cases cited in
<br />the following annotation were decided
<br />under former § 113 -104, similar to this
<br />section, and the first sentence of former
<br />§ 113.109(b), similar to § 113.294(e).
<br />Constitutionality. -- Former
<br />§ 113 -104 and the first sentence of for-
<br />mer § 113- 109(b) (similar to present
<br />§ 113- 294(e)), protecting and managing
<br />wildlife, where within the legitimate in-
<br />terests of the State and in the public in-
<br />terest and where constitutional. State v,
<br />Lassiter, 13 N.C. App. 292, 185 S.E.2d
<br />478 (1971), cert. denied, 280 N.C. 495,
<br />186 S.E.2d 514, appeal dismissed, 280
<br />N.C. 724, 186 S.E.2d 926 (1972).
<br />Purpose. — Former § 113 -104 and
<br />the first sentence of former § 113.109(b)
<br />(similar to present § 113- 294(e)) had the
<br />purpose of controlling and managing the
<br />use and methods of taking wildlife.
<br />State v, Lassiter, 13 N.C. App, 292, 185
<br />S.E.2d 478 (1971), cert. denied, 280 N.C.
<br />495, 186 S.E.2d 514, appeal dismissed,
<br />280 N.C. 724, 186 S.E.2d 926 (1972).
<br />Pursuit of Deer by Aid of Artificial
<br />Light. -- One violated former § 113 -104
<br />when he pursued or attempted to kill a
<br />deer by aid of or with the use of any
<br />artificial light, because this activity fell
<br />within the statutory definitions of "tak-
<br />ing" and "game animal." State v.
<br />Lassiter, 13 N.C. App, 292, 185 S.E.2d
<br />478 (1971), cert. denied, 280 N,C. 495,
<br />186 S.E.2d 514, appeal dismissed, 280
<br />N.C. 724, 186 S.E.2d 926 (1972).
<br />Warrant Sufficient. — Warrants
<br />charging that defendants unlawfully
<br />and willfully attempted to take deer
<br />with the aid of an artificial light be-
<br />tween the hours of sunset and sunrise in
<br />an area known to be inhabited and fre-
<br />quented by deer, were sufficient to
<br />charge the offense defined by former
<br />§ 113 -104, the words "in an area known
<br />to be inhabited and frequented by deer"
<br />were mere surplusage and could be dis-
<br />regarded. State v, Lassiter, 9 N.C. App.
<br />255, 175 S.E.2d 689 (19701.
<br />In a prosecution charging defen-
<br />dants with the unlawful hunting of
<br />deer by artificial light, it was incum-
<br />bent upon the defendants to ask for a
<br />bill of particulars if the), desired to know
<br />in what area of the county the offense
<br />took place. State v. Lassiter, 9 N.C. App.
<br />255, 175 S -E.2d 689 (1970).
<br />§ 113- 291.2. Seasons and bag limits on wild ani-
<br />mals and birds; including animals and
<br />birds taken in bag; possession and
<br />transportation of wildlife after taking.
<br />(a) In accordance with the supply of wildlife and other- factors it
<br />determines to be of public importance, the Wildlife Resources Com-
<br />mission may fix seasons and bag limits upon the wild animals and
<br />wild birds authorized to be taken that it deems necessary or desir-
<br />able in the interests of the conservation of wildlife resources. The
<br />authority to fix seasons includes the closing of seasons completely
<br />when necessary and fixing the hours of hunting. The authority to
<br />fix bag limits includes the setting of season and possession limits.
<br />Different seasons and bag limits may be set in differing area early
<br />or extended seasons and different or unlimited bag limits may be
<br />authorized on controlled shooting preserves. game lands. and public
<br />hunting grounds; and special or extended seasons may be fixed for
<br />those engaging in falconry, using primitive weapons, or taking
<br />wildlife under other special conditions. finless modified by rules of
<br />the Wildlife Resources Commission, the seasons. shootin(; hours,
<br />bag limits, and possession limits fixed by the United States Depart-
<br />ment of Interior or any successor agency for migratory grime birds
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