GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 832
Committee Substitute Favorable 5/2/95

Short Title:  Clarify Critical Habitat.	(Public)

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Sponsors:

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Referred to:

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April 11, 1995

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE MEANING OF CRITICAL HABITAT AND TO LIMIT THE DESIGNATION OF CRITICAL HABITAT BY THE WILDLIFE RESOURCES COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113-331 is amended by adding a new subdivision to read:
"(3a)	'Critical habitat' means an area designated by the Secretary of the United States Department of the Interior pursuant to 16 U.S.C. § 1533."
Sec. 2.  G.S. 113-333(3) reads as rewritten:
"(3)	To coordinate development and implementation of conservation programs for endangered and threatened species of wild animals and for species of special concern, provided that the Commission shall not designate critical habitats on privately owned property, nor shall the conservation programs adopted by the Commission be written so as to impose restrictions upon, or limit the use of, private property by any landholder."
Sec. 3.  G.S. 113-336(5) reads as rewritten:
"(5) 	To recommend critical habitat areas for protection or acquisition on propertymanaged by the Wildlife Resources Commission, and to recommend voluntary acquisition of critical habitats on privately owned property, to recommend adoption of protective measures on lands owned or controlled by the Commission which lie within critical habitats, and to recommend voluntary protective measure agreements with landholders whose property lies within critical habitats;".
Sec. 4.  This act is effective upon ratification.