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  • NEW POACHER REWARD FUND LAW

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    Wildlife Poacher Reward Fund; 113-294.1.

    Gov. McCrory signed a bill into law on July 29th that will have a very positive effect on helping apprehend poachers and illegal hunters. At our (NCBA's) request, House Rep. John Faircloth and former NCWRC Exec. Director, Dick Hamilton, got a bill drafted and presented it to the NC Legislature to create a 'Poacher Reward Fund' that will be administered by the NC Wildlife Resources Commission. Money to support the fund will come from wildlife law violators who are required to pay 'Restoration Fees' to the NCWRC. Under the scope of this law, the court can also add an additional fee to cover the amount of the reward, as suggested by the NCWRC. In effect, the perpetrator will be required, as terms of his probation, to pay his own reward to the person who turned him in. There is NO limit to the amount of the reward the court can impose. Col. Caveny advised that rewards would be offered in only the more serious violations. A schedule or list of these violations will be formulated later. This law is likely the strongest 'Poacher Reward' law in any state in the country. It is long overdue. NCBA funded the 'ONLY' Poacher Reward Fund in N.C. for 37 years. Over that time NCBA and it's members paid out over $60,000 in rewards from it's own 'Anti-Poacher Reward Fund' in rewards to people. We are very pleased that Rep. Faircloth's work on this bill were successful, and we (NCBA) are very proud to have been a part of it.

    Ramon Bell, Past President, NCBA
    336-643-4455
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    General Statute 113-294.1. Wildlife Poacher Reward Fund, reads as follows:

    GENERAL ASSEMBLY OF NORTH CAROLINA
    SESSION 2013
    SESSION LAW 2013-380
    HOUSE BILL 936
    *H936-v-5*
    AN ACT TO ESTABLISH A WILDLIFE POACHER REWARD FUND TO PAY REWARDS TO PERSONS WHO GIVE INFORMATION TO LAW ENFORCEMENT AUTHORITIES THAT RESULTS IN THE ARREST AND CONVICTION OF PERSONS WHO COMMIT SERIOUS WILDLIFE VIOLATIONS, TO AUTHORIZE THE USE OF COMPENSATION PAID TO THE WILDLIFE RESOURCES COMMISSION AS CONDITIONS OF OFFENDERS' PROBATION AS ASSETS OF THE FUND, TO AMEND THE BOATING SAFETY ACT BY INCREASING THE FINES AND OTHERWISE AMENDING THE PENALTY AND OTHER PROVISIONS OF THAT ACT, AND TO AMEND THE PENALTY PROVISIONS FOR SPECIFIC VIOLATIONS OF THE WILDLIFE LAWS.
    The General Assembly of North Carolina enacts:
    SECTION 1. Article 22 of Chapter 113 of the General Statutes is amended by adding a new section to read:
    113-294.1. Wildlife Poacher Reward Fund.
    (a) There is established in the Office of the State Treasurer the Wildlife Poacher Reward Fund. Monies in the Fund shall be used to pay rewards to persons who provide information to the Wildlife Resources Commission or to law enforcement authorities that results in the arrest and conviction of persons who have committed criminal offenses involving the taking, injury, removal, damage, or destruction of wildlife resources. The Wildlife Resources Commission shall adopt rules for the administration of the Fund for these purposes.
    (b) The assets of the Wildlife Poacher Reward Fund shall be derived from the following:
    (1) A percentage of the compensation paid annually to the Commission as special conditions of offenders' probation in criminal cases involving the taking, injury, removal, damage, or destruction of wildlife pursuant to G.S. 15A-1343(b1)(5), to be set by the Commission at not less than ten percent (10%) of those amounts paid as replacement costs and investigative costs.
    (2) All amounts paid to the Commission under G.S. 15A-1343(b1)(5) as compensation for rewards paid from the Fund.
    (3) The proceeds of any gifts, grants, and contributions to the State which are specifically designated for inclusion in the Fund.
    (4) Any other sources specified by law.'
    SECTION 2. G.S. 15A-1343(b1) reads as rewritten:
    '(b1) Special Conditions. In addition to the regular conditions of probation specified in subsection (b), the court may, as a condition of probation, require that during the probation the defendant comply with one or more of the following special conditions:

    (5) Compensate the Department of Environment and Natural Resources or the North Carolina Wildlife Resources Commission, as the case may be, for the replacement costs of any marine and estuarine resources or any wildlife resources which were taken, injured, removed, harmfully altered, damaged or destroyed as a result of a criminal offense of which the defendant was convicted. If any investigation is required by officers or agents of the Department of Environment and Natural Resources or the Wildlife Resources Commission in determining the extent of the destruction of
    Page 2 Session Law 2013-380 House Bill 936-Ratified
    resources involved, the court may include compensation of the agency for investigative costs as a condition of probation. The court may also include, as a condition of probation, compensation of an agency for any reward paid for information leading to the arrest and conviction of the offender. This subdivision does not apply in any case governed by G.S. 143-215.3(a)(7)...

    Click on this link for a complete copy of this law.

    http://ncleg.net/Sessions/2013/Bills/House/PDF/H936v5.pdf
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