§ 105-40 — Power of entry and examination; access to lands and waters

Authorized employees of the Department are empowered, under law, to enter all lands and waters to enforce the provisions of this Act. Authorized employees are further empowered to examine all buildings, private or public clubs (except dwellings), fish markets, cold storage houses, locker plants, reptile shows, pet stores, camps, vessels, cars (except sealed railroad cars or other sealed common carriers), conveyances, vehicles, watercraft, or any other means of transportation or shipping, tents, bags, game bags, or other receptacles and to open any box, barrel, package, or other receptacle in the possession of a common carrier, that they have reason to believe contains a herptile or any part of a herptile taken, bought, sold or bartered, shipped, or had in possession contrary to this Act, including administrative rules, or that the receptacle containing the herptile is falsely labeled. Authorized employees of the Department shall be given free access to and shall not be hindered or interfered with in making an entry and examination and any permit issued by the Department that is held by the person preventing such free access or interfering with or hindering such authorized employee shall be subject to confiscation by the Department. The Department shall not issue any permit to a person who prevented free access or interfered with or hindered an employee for the period of one year after his or her action. Employees of the Department, as specifically authorized by the Director, are empowered to enter all lands and waters for the purpose of herptile investigations, State and federal permit inspections, as well as herptile censuses or inventories, and are further empowered to conduct examination of equipment and devices in the field, under law, to ensure compliance with this Act.

Legislative History

(Source: P.A. 102-315, eff. 1-1-22 .)