(a) In enforcing the laws and rules within their subject matterjurisdiction, wildlife protectors and marine fisheries inspectors may, inaccordance with the criteria of this section, issue warning tickets tooffenders instead of initiating criminal prosecutions.
(b) To secure uniformity of enforcement, the Executive Directorand the Director of the Division of Marine Fisheries may administrativelypromulgate standards consistent with subsection (c) providing that warningtickets may or may not be issued with respect to particular offenses, classesof offenses, or ways of committing offenses.
(c) A protector or inspector may issue a warning ticket only ifall of the following conditions are met:
(1) The protector or inspector is convinced that the offense wasnot intentional.
(2) The offense is not of a kind or committed in a manner as towhich warning tickets have been prohibited by the Executive Director or theDirector of the Division of Marine Fisheries.
(3) The conduct of the offender was not calculated to result inany significant destruction of wildlife or fisheries resources.
(4) The conduct of the offender did not constitute a hazard tothe public.
Awarning ticket may not be issued if the offender has previously been chargedwith or issued a warning ticket for a similar offense.
(d) If any law‑enforcement officer with jurisdiction overthe offense or if any employee of the Wildlife Resources Commission or theDepartment learns that under the criteria of this section a warning ticket wasinappropriately issued to an offender, he must take action to secure initiationof prosecution for the appropriate charge or charges unless barred by thestatute of limitations or unless prosecution is not otherwise feasible becauseof unavailability of evidence or necessary witnesses.
(e) Before any warning tickets are issued, the ExecutiveDirector or the Director of the Division of Marine Fisheries must institute aprocedure to ensure an accurate accounting for and recording of all warningtickets issued. This procedure may include use of prenumbered tickets andimmediate notation of issuance of the warning ticket on each appropriatelicense or permit issued by the Wildlife Resources Commission or Departmentheld by the offender. The Executive Director or the Director of the Divisionof Marine Fisheries may also provide for issuance of new, replacement, orrenewal licenses and permits bearing the notation. The licenses covered bythis subsection include certificates of number for motorboats.
(f) This section does not entitle any person who has committedan offense with the right to be issued a warning ticket. That issuance of awarning ticket may be appropriate under the criteria of this section does notrestrict in any manner the powers of a wildlife protector or marine fisheriesinspector or any other law‑enforcement officer under G.S. 113‑136,113‑137, and other provisions of law in dealing with hunters, fishermen,operators of vessels, and other offenders and suspected offenders.
(g) Issuance of a warning ticket does not constitute evidence ofthe commission of an offense, but may be used to prevent issuance of asubsequent warning ticket to the same person for a similar offense. (1981, c. 252, s. 1; 1987, c. 827, s. 98; 1989, c.308.)
(a) In enforcing the laws and rules within their subject matterjurisdiction, wildlife protectors and marine fisheries inspectors may, inaccordance with the criteria of this section, issue warning tickets tooffenders instead of initiating criminal prosecutions.
(b) To secure uniformity of enforcement, the Executive Directorand the Director of the Division of Marine Fisheries may administrativelypromulgate standards consistent with subsection (c) providing that warningtickets may or may not be issued with respect to particular offenses, classesof offenses, or ways of committing offenses.
(c) A protector or inspector may issue a warning ticket only ifall of the following conditions are met:
(1) The protector or inspector is convinced that the offense wasnot intentional.
(2) The offense is not of a kind or committed in a manner as towhich warning tickets have been prohibited by the Executive Director or theDirector of the Division of Marine Fisheries.
(3) The conduct of the offender was not calculated to result inany significant destruction of wildlife or fisheries resources.
(4) The conduct of the offender did not constitute a hazard tothe public.
Awarning ticket may not be issued if the offender has previously been chargedwith or issued a warning ticket for a similar offense.
(d) If any law‑enforcement officer with jurisdiction overthe offense or if any employee of the Wildlife Resources Commission or theDepartment learns that under the criteria of this section a warning ticket wasinappropriately issued to an offender, he must take action to secure initiationof prosecution for the appropriate charge or charges unless barred by thestatute of limitations or unless prosecution is not otherwise feasible becauseof unavailability of evidence or necessary witnesses.
(e) Before any warning tickets are issued, the ExecutiveDirector or the Director of the Division of Marine Fisheries must institute aprocedure to ensure an accurate accounting for and recording of all warningtickets issued. This procedure may include use of prenumbered tickets andimmediate notation of issuance of the warning ticket on each appropriatelicense or permit issued by the Wildlife Resources Commission or Departmentheld by the offender. The Executive Director or the Director of the Divisionof Marine Fisheries may also provide for issuance of new, replacement, orrenewal licenses and permits bearing the notation. The licenses covered bythis subsection include certificates of number for motorboats.
(f) This section does not entitle any person who has committedan offense with the right to be issued a warning ticket. That issuance of awarning ticket may be appropriate under the criteria of this section does notrestrict in any manner the powers of a wildlife protector or marine fisheriesinspector or any other law‑enforcement officer under G.S. 113‑136,113‑137, and other provisions of law in dealing with hunters, fishermen,operators of vessels, and other offenders and suspected offenders.
(g) Issuance of a warning ticket does not constitute evidence ofthe commission of an offense, but may be used to prevent issuance of asubsequent warning ticket to the same person for a similar offense. (1981, c. 252, s. 1; 1987, c. 827, s. 98; 1989, c.308.)
(a) In enforcing the laws and rules within their subject matterjurisdiction, wildlife protectors and marine fisheries inspectors may, inaccordance with the criteria of this section, issue warning tickets tooffenders instead of initiating criminal prosecutions.
(b) To secure uniformity of enforcement, the Executive Directorand the Director of the Division of Marine Fisheries may administrativelypromulgate standards consistent with subsection (c) providing that warningtickets may or may not be issued with respect to particular offenses, classesof offenses, or ways of committing offenses.
(c) A protector or inspector may issue a warning ticket only ifall of the following conditions are met:
(1) The protector or inspector is convinced that the offense wasnot intentional.
(2) The offense is not of a kind or committed in a manner as towhich warning tickets have been prohibited by the Executive Director or theDirector of the Division of Marine Fisheries.
(3) The conduct of the offender was not calculated to result inany significant destruction of wildlife or fisheries resources.
(4) The conduct of the offender did not constitute a hazard tothe public.
Awarning ticket may not be issued if the offender has previously been chargedwith or issued a warning ticket for a similar offense.
(d) If any law‑enforcement officer with jurisdiction overthe offense or if any employee of the Wildlife Resources Commission or theDepartment learns that under the criteria of this section a warning ticket wasinappropriately issued to an offender, he must take action to secure initiationof prosecution for the appropriate charge or charges unless barred by thestatute of limitations or unless prosecution is not otherwise feasible becauseof unavailability of evidence or necessary witnesses.
(e) Before any warning tickets are issued, the ExecutiveDirector or the Director of the Division of Marine Fisheries must institute aprocedure to ensure an accurate accounting for and recording of all warningtickets issued. This procedure may include use of prenumbered tickets andimmediate notation of issuance of the warning ticket on each appropriatelicense or permit issued by the Wildlife Resources Commission or Departmentheld by the offender. The Executive Director or the Director of the Divisionof Marine Fisheries may also provide for issuance of new, replacement, orrenewal licenses and permits bearing the notation. The licenses covered bythis subsection include certificates of number for motorboats.
(f) This section does not entitle any person who has committedan offense with the right to be issued a warning ticket. That issuance of awarning ticket may be appropriate under the criteria of this section does notrestrict in any manner the powers of a wildlife protector or marine fisheriesinspector or any other law‑enforcement officer under G.S. 113‑136,113‑137, and other provisions of law in dealing with hunters, fishermen,operators of vessels, and other offenders and suspected offenders.
(g) Issuance of a warning ticket does not constitute evidence ofthe commission of an offense, but may be used to prevent issuance of asubsequent warning ticket to the same person for a similar offense. (1981, c. 252, s. 1; 1987, c. 827, s. 98; 1989, c.308.)
