§ 113-264. Regulatory power over property of agency; public hunting grounds; scheduling of managed big game hunts.
§ 113‑264. Regulatory power over property ofagency; public hunting grounds; scheduling of managed big game hunts.
(a) The Department and the Wildlife Resources Commission aregranted the power by rule to license, regulate, prohibit, or restrict the publicas to use and enjoyment of, or harm to, any property of the Department or theWildlife Resources Commission, and may charge the public reasonable fees foraccess to or use of such property. "Property" as the word is used inthis section is intended to be broadly interpreted and includes lands,buildings, vessels, vehicles, equipment, markers, stakes, buoys, posted signsand other notices, trees and shrubs and artificial constructions in boating andfishing access areas, game lands, wildlife refuges, public waters, publicmountain trout waters, and all other real and personal property owned, leased,controlled, or cooperatively managed by either the Department or the WildlifeResources Commission.
(a1) Every wildlife protector and every law enforcement officer ofthis State and its subdivisions shall have the authority within his or herestablished jurisdiction to enforce the rules promulgated pursuant to the powergranted by this section regarding the willful removal of, damage to, ordestruction of any property of the Department or the Wildlife ResourcesCommission.
(a2) To the extent that subsection (a1) of this section conflictswith any provision of any local act, subsection (a1) of this section prevails.
(b) Unless a different level of punishment is elsewhere set out,willful removal of, damage to, or destruction of any property of the Departmentor the Wildlife Resources Commission is a Class 1 misdemeanor.
(c) The Wildlife Resources Commission may cooperate with privatelandowners in the establishment of public hunting grounds. It may provide forthe posting of these areas and of restricted zones within them, require thatauthorized hunters obtain written permission from the owner to hunt, enforcegeneral laws concerning trespass by hunters and concerning damage or injuriousactivities by hunters and by others carrying weapons on or discharging weaponsacross public hunting grounds or restricted zones.
(d) The Wildlife Resources Commission may schedule managed huntsfor any species of wildlife to be held on game lands. Participants in suchhunts shall be selected at random by computer. The Wildlife ResourcesCommission may require by rule that an applicant 16 years of age or older havethe required hunting license before the drawing for the hunt, and that anapplicant less than 16 years of age apply as a member of a party that includesa properly licensed adult if the young applicant does not have the properhunting license. When licenses are required prior to the drawing, allapplications shall be screened for compliance. A nonrefundable fee of fivedollars ($5.00) will be required of each applicant to defray the cost ofprocessing the applications.
(e) A wildlife protector or law enforcement officer of thisState or its subdivisions may have a vehicle towed at a Commission‑ownedor operated public boating access area if the vehicle:
(1) Is parked in an area other than one designated for parking;or
(2) Is left by an individual for a purpose other than launching,operating, or retrieving a vessel. (1965, c. 957, s.2; 1973, c. 1262, ss. 18, 28; 1977, c. 771, s. 4; 1979, c. 830, s. 1; 1983, c.403; 1985 (Reg. Sess., 1986), c. 996, s. 2; 1987, c. 827, s. 98; 1989, c. 221;c. 642, s. 1; 1993, c. 539, s. 847; 1994, Ex. Sess., c. 24, s. 14(c); 2005‑82,s. 1; 2005‑164, s. 2.)