15 NCAC 10A .1102         EMERGENCY closures AND WAIVERS

(a)  The Commission may prohibit or restrict public access to and use of Wildlife Resources Commission property if the Commission finds that the closure is necessary to protect public health, public safety, or wildlife resources. Closures exercised under this Paragraph shall only be exercised for the duration of the threat.

(b)  The Commission may waive any rule in this Chapter or portion thereof, that is not statutorily required, upon declaration of a national emergency, disaster, or state of emergency, by a federal, state, or local governmental authority impacting North Carolina. Waivers exercised under this Paragraph shall only be exercised for the duration of the declaration.

(c)  The Commission may delegate emergency closure and waiver authority to the Executive Director.

(d)  The following factors shall be considered in determining whether to restrict or prohibit public access or use, or waive requirements of rule:

(1)           need for the closure or waiver;

(2)           degree of benefit to the public, if applicable;

(3)           degree of benefit to the resource, if applicable;

(4)           degree of disruption to the Commission; and

(5)           cost to the Commission.

(e)  All closures and waivers shall be posted on the Commission website at www.ncwildlife.org.

(f)  It is unlawful to use, enter, or remain on Wildlife Resources Commission Property that is closed pursuant to this Rule.

History Note:        Authority G.S. 113-134; 113-264; 113-306(c);

Eff. August 1, 2021.