NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 56

HOUSE BILL 286

 

 

AN ACT TO REGULATE THE CAGING OF BLACK BEARS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Except as otherwise provided in applicable statutes, it shall be unlawful for any person to buy or sell black bears or for any person, firm or corporation to possess or keep any black bear (Ursus americanus) in any enclosure, pen, cage, or other place or means of captivity except as hereinafter provided.

Sec. 2.  The provisions of this act shall not apply to bona fide zoos which are operated by federal, state, or local governmental agencies, or to educational institutions in which black bears are kept or exhibited as part of a bona fide course of training or research in the natural sciences, or to black bears held without caging under conditions simulating a natural habitat, the development of which is in accord with plans and specifications developed by the holder and approved by the Wildlife Resources Commission.

Sec. 3.  Any person, firm or corporation in possession of a black bear on the effective date of this act under an existing permit issued by the Wildlife Resources Commission, where the conditions under which such black bear is held are in violation of this act, may immediately surrender such black bear and such permit to the Wildlife Resources Commission which shall compensate such person, firm or corporation in the amount actually paid for such bear not to exceed the sum of one hundred dollars ($100.00) for any one bear. In lieu of surrendering such black bear and such permit, any such person, firm or corporation may give immediately written notice to the Wildlife Resources Commission that plans and specifications for facilities to hold such bear without caging under conditions simulating a natural habitat will be submitted to the Commission for approval within 30 days thereafter. In the event such plans and specifications are not submitted within the time thus limited, or they are disapproved by the Commission, or the facilities are not completed in accordance therewith within 60 days after approval by the Commission, continued possession of a black bear by such person, firm or corporation after any of such events shall constitute a violation of the provisions of this act, and any such black bear shall be forfeited to the Wildlife Resources Commission without compensation.

Sec. 4.  Violation of the provisions of this act shall constitute a misdemeanor punishable by a fine of not less than five hundred dollars ($500.00) or by imprisonment for not less than 90 days.

Sec. 5.  Law enforcement officers of the Wildlife Resources Commission and all other peace officers are authorized and empowered to enforce the provisions of this act.

Sec. 6.  All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 7.  This act shall become effective on and after July 1, 1975.

In the General Assembly read three times and ratified, this the 14th day of March, 1975.