GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2019-204
HOUSE BILL 597
AN ACT to MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE WILDLIFE RESOURCES COMMISSION.
The General Assembly of North Carolina enacts:
REQUIRE PLACEMENT OF VALIDATION DECALS ON BOTH SIDES OF VESSELS
SECTION 1. G.S. 75A‑5 reads as rewritten:
"§ 75A‑5. Application for certificate of number; fees; reciprocity; change of ownership; conformity with federal regulations; records; award of certificates; renewal of certificates; transfer of partial interest; destroyed or junked vessels; abandonment; change of address; duplicate certificates; display.
(a) Application for
Certificate of Number. The owner of each vessel requiring numbering by this
State shall file an application for a certificate of number with the
Commission. The Commission shall furnish application forms and shall prescribe
the information contained in the application form. The application shall be
signed by the owner of the vessel or the owner's agent and shall be accompanied
by a fee, as set out in subsection (a1) of this section. The fee does not apply
to vessels owned and operated by nonprofit rescue squads if they are operated
exclusively for rescue purposes, including rescue training. The owner shall
have the option of selecting a one‑year numbering period or a three‑year
numbering period. Upon receipt of the application in approved form, the
Commission shall enter the application in its records and issue the owner a
certificate of number stating the identification number awarded to the vessel
and the name and address of the owner, and a validation decal indicating the
expiration date of the certificate of number. The owner shall paint on or
attach to each side of the bow of the vessel the identification number and
validation decals in such manner as may be prescribed by rules of the Commission
in order that it may be clearly visible. The identification number shall be
maintained in legible condition. The validation decal shall be displayed on
the starboard bow of the vessel immediately following the number. The
certificate of number shall be pocket size and shall be available for
inspection on the vessel for which the certificate is issued at all times the
vessel is in operation. Any person charged with failing to so carry a
certificate of number shall not be convicted if the person produces in court a
certificate of number previously issued to the owner that was valid at the time
of the alleged violation.
."
AMEND DEFINITIONS RELATED TO WILDLIFE RESOURCES COMMISSION PROPERTY AND MOUNTAIN TROUT WATERS
SECTION 2. G.S. 113‑129 reads as rewritten:
"§ 113‑129. Definitions relating to resources.
The following definitions and their cognates apply in the description of the various marine and estuarine and wildlife resources:
(1d) Boating and Fishing Access
Area. An area of land providing access to public waters and which is
owned, allocated to, leased, controlled, or managed by the Wildlife
Resources Commission.
(8a) Game Lands. Lands owned,
allocated to, leased, controlled, or cooperatively managed by the
Wildlife Resources Commission for public hunting, trapping, or fishing.Commission.
(11d) Mountain Heritage Trout Waters. Those waters that run through or are adjacent to a city that has been designated by the Wildlife Resources Commission as a Mountain Heritage Trout City pursuant to G.S. 113‑273(e).
(11d)(11e) Nongame Animals.
All wild animals except game and fur‑bearing animals.
(11e)(11f) Nongame Birds.
All wild birds except game birds.
(13c) Public Mountain Trout Waters. Those waters designated by the Wildlife Resources Commission that are managed and regulated to sustain a mountain trout fishery.
(13c)(13d) Raptor. A
migratory bird of prey authorized under federal law and regulations for the
taking of quarry by falconry.
(18) Wildlife Resources Commission Property. All lands, game lands, wildlife refuges, artificial constructions in boating and fishing access areas, and all other property owned, allocated to, leased, controlled, or cooperatively managed and designated for public use by the Wildlife Resources Commission."
ALLOW SALE OF PERMANENTLY PRESERVED BEARS AND TURKEYS WITH A TROPHY SALE PERMIT
SECTION 3. G.S. 113‑291.3 reads as rewritten:
"§ 113‑291.3. Possession, sale, and transportation of wildlife.
(b) With respect to dead wildlife:
(3) A licensed taxidermist or other licensed dealer taking temporary possession of wildlife of another may possess the wildlife that he is authorized to handle under his license in accordance with the rules of the Wildlife Resources Commission. A person not a dealer operating a preservation or processing facility, whether commercially or not, may possess the wildlife owned by another without any permit or license if he ascertains that the wildlife was lawfully taken within the State and keeps a written record of:
a. The name and address of the owner of the wildlife and an adequate description of the wildlife left with him. If the description of the wildlife changes as the result of processing, the new description must be recorded.
b. The date, serial
number, authorization number, and type of the license under which
the wildlife was taken or the applicable exemption from license requirements
which the taker met.
c. The date all wildlife left with him is received and returned to the owner. If the receiving or returning of possession is to an agent or common carrier or otherwise occurs under circumstances in which permit requirements may apply, the type and date of the permit which authorizes the transaction must also be recorded.
(4) The sale of rabbits and
squirrels and their edible parts not for resale is permitted. If the Wildlife
Resources Commission finds that affected game populations would not be
endangered, it may authorize the sale of heads, antlers, horns, hides, skins,
plumes, feet, and claws of one or more game animals or birds. In addition, it
may authorize the sale of bobcats, opossums, and raccoons, and their parts,
following their taking as game animals. No part of any bear or wild turkey may
be sold under the above provisions, however, and no permanently
preserved bears or tanned bear hides and permanently preserved turkeys or
turkey parts may be sold with a trophy sale permit. No part of any fox
taken in North Carolina may be sold except as provided in G.S. 113‑291.4.
In regulating sales, the Wildlife Resources Commission may impose necessary
permit requirements.
."
UNIFIED LICENSE AMENDMENT
SECTION 4. G.S. 113‑351 reads as rewritten:
"§ 113‑351. Unified hunting and fishing licenses; subsistence license waiver.
(c) Types of Unified Hunting and Fishing Licenses; Fees; Duration. The Wildlife Resources Commission shall issue the following Unified Hunting and Fishing Licenses:
(3) Lifetime Unified
Sportsman/Coastal Recreational Fishing Licenses. Except as provided in sub‑subdivision
f. of this subdivision, a A license issued under this subdivision is
valid for the lifetime of the licensee. A license issued under this subdivision
authorizes the licensee to take all wild animals and wild birds, including
waterfowl, by all lawful methods in all open seasons, including the use of game
lands; to fish with hook and line for all fish in all inland fishing waters and
joint fishing waters, including public mountain trout waters; and to engage in
recreational fishing in coastal fishing waters.
f. Resident Disabled
Veteran Lifetime Unified Sportsman/Coastal Recreational Fishing License.
$110.00. This license shall be issued only to an individual who is a resident
of the State and who is a fifty percent (50%) or more disabled veteran as
determined by the United States Department of Veterans Affairs or as
established by rules of the Wildlife Resources Commission. This license
remains valid for the lifetime of the licensee so long as the licensee remains
fifty percent (50%) or more disabled.
."
WILDLIFE ENDOWMENT FUND CHANGES
SECTION 5. G.S. 143‑250.1 reads as rewritten:
"§ 143‑250.1. Wildlife Endowment Fund.
(a) Recognizing the inestimable importance to the State and its people of conserving the wildlife resources of North Carolina, and for the purpose of providing the opportunity for citizens and residents of the State to invest in the future of its wildlife resources, there is created the North Carolina Wildlife Endowment Fund, the income and principal of which shall be used only for the purpose of supporting wildlife conservation programs of the State in accordance with this section. This fund shall also be known as the Eddie Bridges Fund.
(b) There is created the Board of Trustees of the Wildlife Endowment Fund of the Wildlife Resources Commission, with full authority over the administration of the Wildlife Endowment Fund, whose ex officio chairman, vice‑chairman, and members shall be the chairman, vice‑chairman, and members of the Wildlife Resources Commission. The State Treasurer shall be the custodian of the Wildlife Endowment Fund and shall invest its assets in accordance with the provisions of G.S. 147‑69.2 and 147‑69.3.
(c) The assets of the Wildlife Endowment Fund shall be derived from the following:
(1) The proceeds of any
gifts, grants and contributions to the State which are specifically designated
for inclusion in the fund;fund.
(2) The proceeds from the
sale of lifetime sportsman combination licenses issued pursuant to G.S. 113‑270.1D;G.S. 113‑270.1D.
(3) The proceeds from the
sale of lifetime hunting and lifetime fishing licenses pursuant to G.S. 113‑270.2(c)(2)
and G.S. 113‑271(d)(3);G.S. 113‑270.2 and G.S. 113‑271.
(3a) The proceeds from the sale of lifetime trapping licenses pursuant to G.S. 113‑270.5(b).
(4) The proceeds of lifetime
subscriptions to the magazine Wildlife in North Carolina at such rates as may
be established from time to time by the Wildlife Resources Commission;Commission.
(5) Any amount in excess of
the statutory fee for a particular lifetime license or lifetime subscription
shall become an asset of the fund and shall qualify as a tax exempt donation to
the State;State.
(5a) The proceeds from the sale
of lifetime combination hunting and fishing licenses for disabled residents
pursuant to G.S. 113‑270.1C(b)(4);G.S. 113‑270.1C.
(5b) The Wildlife Resources Commission's portion of the proceeds from the sale of lifetime unified licenses pursuant to G.S. 113‑351.
(6) Such other sources as may be specified by law.
(d) The Wildlife Endowment Fund is declared to constitute a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of such special trust, the following limitations and restrictions are placed on expenditures from the funds:
(1) Any limitations or restrictions specified by the donors on the uses of the income derived from gifts, grants and voluntary contributions shall be respected but shall not be binding.
(2) No expenditures or
disbursements from the income from the proceeds derived from the sale of Infant
Lifetime Sportsman or Youth Lifetime Sportsman Licenses pursuant to
G.S. 113‑270.1D(b)(1) or (2) shall be made for any purpose until the
respective holders of such licenses attain the age of 16 years. The State
Treasurer, as custodian of the fund, shall determine actuarially from time to
time the amount of income within the fund which remains encumbered by and which
is free of this restriction. For such purpose, the executive director shall
cause deposits of proceeds and related investment income from Infant
Lifetime Sportsman Licenses to be distinguished and deposits of proceeds
from and Youth Lifetime Sportsman Licenses to be accompanied by
information as to the ages of the license recipients.
(3) No expenditure or disbursement shall be made from the principal of the Wildlife Endowment Fund except as otherwise provided by law.
(4) The income received and accruing from the investments of the Wildlife Endowment Fund must be spent only in furthering the conservation of wildlife resources and the efficient operation of the North Carolina Wildlife Resources Commission in accomplishing the purposes of the agency as set forth in G.S. 143‑239.
(e) The Board of Trustees of the Wildlife Endowment Fund may accumulate the investment income of the fund until the income, in the sole judgment of the trustees, can provide a significant supplement to the budget of the Wildlife Resources Commission. After that time the trustees, in their sole discretion and authority, may direct expenditures from the investment income of the fund for the purposes set out in division (4) of subsection (d).
(f) Expenditure of the investment income derived from the Wildlife Endowment Fund shall be made through the State budget accounts of the Wildlife Resources Commission in accordance with the provisions of the Executive Budget Act. The Wildlife Endowment Fund is subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
(f1) At all times during which
the cash balance in the Wildlife Endowment Fund is equal to or greater than the
sum of one hundred million dollars ($100,000,000), the Wildlife Resources
Commission shall budget at least twenty‑five percent (25%) of the annual
expendable interest investment income from the Fund, as
determined by the Board of Trustees of the Fund, to implement the conservation
goals set forth in the Wildlife Resource Commission's strategic plan.
(g) The Wildlife Endowment
Fund and the investment income therefrom shall not take the place of
State appropriations or agency receipts placed in the Wildlife Resources Fund,
or any part thereof, but any portion of the income of the Wildlife Endowment
Fund available for the purpose set out in division subdivision (4)
of subsection (d) shall be used to supplement other income of and
appropriations to the Wildlife Resources Commission to the end that the
Commission may improve and increase its services and become more useful to a
greater number of people.
(h) In the event of a future
dissolution of the Wildlife Resources Commission, such State agency as shall
succeed to its budgetary authority shall, ex officio, assume the trusteeship of
the Wildlife Endowment Fund and shall be bound by all the limitations and
restrictions placed by this section on expenditures from the fund. No repeal or
modification of this section or of G.S. 143‑239 shall alter the
fundamental purposes to which the Wildlife Endowment Fund may be applied. No
future dissolution of the Wildlife Resources Commission or substitution of any
agency in its stead shall invalidate any lifetime license issued in accordance
with G.S. 113‑270.1D(b), 113‑270.2(c)(2), or 113‑271(d)(3).113‑271(d)(3),
or 113‑351(c)."
VARIOUS LICENSE CHANGES
SECTION 6.(a) G.S. 113‑270.1B reads as rewritten:
"§ 113‑270.1B. License required to hunt, fish, or trap; fees set by Commission.
(a) Except as otherwise specifically provided by law, no person may hunt, fish, trap, or participate in any other activity regulated by the Wildlife Resources Commission for which a license is provided by law without having first procured a current and valid license authorizing the activity.
(b) Except as indicated
otherwise, all licenses are annual licenses licenses, permits,
stamps, and certifications are valid from the date of issue for a period of
12 months.
(c) As used in this section, the term "effective date" means the later of:
(1) The date of purchase of a new license.
(2) The first day after the expiration of a currently valid license of the same type held by the licensee.
(d) For those licenses sold directly through the Commission by telephone, mail, online, or at a service counter, the Commission may charge a fee of two dollars ($2.00) per transaction. A fee may not be charged by the Commission for federal Harvest Information Program (HIP) certification, big game harvest report cards for lifetime license holders, exempt landowners, persons of less than 16 years of age, or for any other license or vessel transactions for which there is no charge.
(e) The Wildlife Resources
Commission shall adopt rules to establish fees for the hunting, fishing,
trapping, and activity licenses all licenses, permits, stamps, and
certifications issued and administered by the Wildlife Resources Commission.
Commission, except those specified in G.S. 113‑173. No
rule to increase fees above January 1, 2015, levels may increase a fee
in excess of the total increase in the Consumer Price Index for All Urban Consumers
Consumers, rounded up to the next whole dollar, over the period of
time since the last fee change.
The statutory fees for the hunting, fishing, trapping, and activity licenses issued and administered by the Wildlife Resources Commission shall expire when the rules adopted pursuant to this subsection become effective."
SECTION 6.(b) G.S. 113‑270.1C reads as rewritten:
"§ 113‑270.1C. Combination hunting and inland fishing licenses.
(a) The combination hunting
and inland fishing licenses set forth in subsection (b) of this section entitle
the licensee to take, except on game lands, take all wild birds
and wild animals, other than big game and waterfowl, by all lawful methods methods,
except trapping, and in all open seasons, and to fish with hook and line in
all inland and joint fishing waters, except and public mountain
trout waters. waters, but does not entitle the licensee to engage in
fishing in coastal fishing waters. A combination hunting and inland fishing
license issued under this section does not entitle the licensee to engage in
recreational fishing in coastal fishing waters that are not joint fishing
waters.entitles the licensee to access and use Wildlife Resources
Commission Property.
(b) Combination hunting and inland fishing licenses issued by the Wildlife Resources Commission are:
(1) Resident Annual
Combination Hunting and Inland Fishing License $25.00. $35.00. This
license shall be issued only to an individual resident of the State.
(2), (3) Repealed by Session Laws 1997‑326, s. 2.
(4) Repealed by Session Laws 2005‑455, s. 1.6, effective January 1, 2007.
(5) Resident Disabled Veteran
Lifetime Combination Hunting and Inland Fishing License $10.00. This license
shall be issued only to an individual who is a resident of the State and who is
a fifty percent (50%) or more disabled veteran as determined by the United
States Department of Veterans Affairs. This license remains valid for the
lifetime of the licensee so long as the licensee remains fifty percent (50%)
or more disabled. This license entitles the licensee to fish in public mountain
trout waters as provided in G.S. 113‑272(a).licensee.
(6) Resident Totally Disabled
Lifetime Combination Hunting and Inland Fishing License $10.00. This license
shall be issued only to an individual who is a resident of the State and who is
totally and permanently disabled as determined by the Social Security Administration.
This license remains valid for the lifetime of the licensee. This license
entitles the licensee to fish in public mountain trout waters as provided in
G.S. 113‑272(a)."
SECTION 6.(c) G.S. 113‑270.1D reads as rewritten:
"§ 113‑270.1D. Sportsman licenses.
(a) Annual Sportsman License
$50.00. This license shall be issued only to an individual resident of the
State and entitles the licensee to take all wild animals and wild birds,
including waterfowl, by all lawful methods methods, except trapping, in
all open seasons, including the use of game lands, and to fish with hook
and line for all fish in all inland and joint fishing waters, including public
mountain trout waters. waters, but does not entitle the licensee to
engage in fishing in coastal waters. An annual sportsman license issued
under this subsection does not entitle the licensee to engage in
recreational fishing in coastal fishing waters that are not joint fishing
waters.entitles the licensee to access and use Wildlife Resources
Commission Property.
(b) Lifetime Sportsman
Licenses. Except as provided in subdivision (7) of this subsection,
lifetime Lifetime sportsman licenses are valid for the lifetime of
the licensees. Lifetime sportsman licenses entitle the licensees to take all
wild animals and wild birds by all lawful methods methods, except
trapping, in all open seasons, including the use of game lands, and
to fish with hook and line for all fish in all inland and joint fishing waters,
including public mountain trout waters. waters, but do not entitle
the licensee to engage in fishing in coastal fishing waters, except if the
license was purchased before January 1, 2006, pursuant to G.S. 113‑174.2(d)(2).
A lifetime sportsman license issued under this subsection does not
entitle the licensee to engage in recreational fishing in coastal fishing
waters that are not joint fishing waters. entitles the licensee to
access and use Wildlife Resources Commission Property. Lifetime sportsman
licenses issued by the Wildlife Resources Commission are:
(1) Infant Lifetime Sportsman License $200.00. This license shall be issued only to an individual under one year of age.
(2) Youth Lifetime Sportsman License $350.00. This license shall be issued only to an individual under 12 years of age.
(3) Adult Resident Lifetime Sportsman License $500.00. This license shall be issued only to an individual resident of the State who is 12 years of age or older but younger than 70 years of age.
(4) Nonresident Lifetime Sportsman License $1,200. This license shall be issued only to an individual nonresident of the State.
(5) Age 70 Resident Lifetime Sportsman License $15.00. This license shall be issued only to an individual resident of the State who is at least 70 years of age.
(6) Repealed by Session Laws 2005‑455, s. 1.7. effective January 1, 2007.
(7) Resident Disabled Veteran
Lifetime Sportsman License $100.00. This license shall be issued only to an
individual who is a resident of the State and who is a fifty percent (50%) or
more disabled veteran as determined by the United States Department of Veterans
Affairs or as established by rules of the Wildlife Resources Commission. This
license remains valid for the lifetime of the licensee so long as the licensee
remains fifty percent (50%) or more disabled.
(8) Resident Totally Disabled Lifetime Sportsman License $100.00. This license shall be issued only to an individual who is a resident of the State and who is totally and permanently disabled as determined by the Social Security Administration or as established by rules of the Wildlife Resources Commission.
(9) (Effective July 1, 2019) Fallen Wildlife Officers Memorial Lifetime Sportsman License. This license shall also be known as the John Oliver Edwards Memorial Lifetime Sportsman License and shall be issued free of charge only to a surviving spouse, child, grandchild, or great‑grandchild of a wildlife enforcement officer killed in the line of duty."
SECTION 6.(d) G.S. 113‑270.2 reads as rewritten:
"§ 113‑270.2. Hunting licenses.
(a) The hunting licenses set
forth in subdivisions (1), (3), (2), (5), (6), and (6) (7)
of subsection (c) of this section entitle the holder to take, except on
game lands, take wild birds and wild animals, other than big game
and waterfowl, by all lawful methods methods, except trapping, and
in all open seasons. Unless otherwise specified, a hunting license issued
under this subsection entitles the licensee to access and use Wildlife
Resources Commission Property. The comprehensive hunting licenses of
subdivisions (2) and (5) of subsection (c) of this section further entitle the
holder to take big game and waterfowl and to use game lands.waterfowl.
(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 684, s. 2.
(c) The hunting licenses issued by the Wildlife Resources Commission are as follows:
(1) Resident State Hunting
License $20.00. $25.00. This license shall be issued only to an
individual resident of the State.
(2) Lifetime Resident Comprehensive Hunting License $250.00. This license shall be issued only to an individual resident of the State and is valid for the lifetime of the holder.
(3) Repealed by Session Laws 2013‑283, s. 3, effective August 1, 2014.
(4) Controlled Hunting
Preserve Hunting License $20.00. This license shall be issued to an
individual resident or nonresident to take only foxes foxes, coyotes,
rabbits, and domestically raised chukars, Hungarian partridges, and game
birds, other than wild turkey, only within a controlled hunting preserve
licensed and operated in accordance with G.S. 113‑273(g) and
implementing rules of the Wildlife Resources Commission. This license does
not authorize access to or use of Wildlife Resources Commission Property.
(5) Resident Annual Comprehensive Hunting License $36.00. This license shall be issued only to an individual resident of the State.
(6) Nonresident State Hunting License. This license shall be issued only to a nonresident. The nonresident State hunting licenses issued by the Wildlife Resources Commission are:
a. Season License $80.00.$100.00.
b. Ten‑Day License $60.00.
$80.00. This license is valid for the 10 consecutive dates indicated
on the license.
(7) Falconry Hunting License $25.00. This license shall be issued to an individual resident or nonresident and authorizes taking wildlife by means of falconry. In addition to a falconry hunting license, the license holder shall also possess a valid falconry license as described in G.S. 113‑270.3(b)(4). This license expires June 30.
(d) One dollar ($1.00) of the proceeds received from the sale of each nonresident hunting license sold pursuant to subdivision (6) of subsection (c) of this section shall be set aside by the Wildlife Resources Commission and contributed to a proper agency or agencies in the United States for expenditure in Canada for the restoration and management of migratory waterfowl."
SECTION 6.(e) G.S. 113‑270.3 reads as rewritten:
"§ 113‑270.3. Special activity licenses; big game kill reports.
(a) In addition to any hunting, trapping, or fishing license that may be required pursuant to G.S. 113‑270.1B(a), individuals engaging in specially regulated activities must have the appropriate special activity license and stamp prescribed in this section before engaging in the regulated activity.
(b) The special activity licenses and stamp issued by the Wildlife Resources Commission are as follows:
(2) Nonresident Big Game Hunting License. This license shall be issued only to an individual nonresident of the State and entitles the holder to take big game by all lawful methods and during all open seasons. The nonresident big game hunting licenses issued by the Wildlife Resources Commission are:
a. Season License $80.00.$100.00.
b. Ten‑Day License $60.00.
$80.00. This license is only valid for the 10 consecutive dates
indicated on the license.
(3) Game Land License
$15.00. This license shall be issued to an individual resident or
nonresident of the State and entitles the holder to hunt and trap on game lands
managed by the Wildlife Resources Commission. The Wildlife Resources
Commission may, pursuant to G.S. 113‑264(a), designate in its rules other
activities on game lands that require purchase of this license and may
charge additional fees for use of specially developed facilities.
(4) Falconry License $10.00. This license shall be issued to an individual resident or nonresident of the State and must be procured before:
a. Taking, importing, transporting, or possessing a raptor; or
b. Taking wildlife by means of falconry.
In addition to a falconry license, license holders 16 years of age and older must also possess a hunting license as set forth in G.S. 113‑270.1C, 113‑270.1D, and 113‑270.2 when taking wildlife by means of falconry. The Wildlife Resources Commission may issue classes of falconry licenses necessary to participate in the federal/State permit system, require necessary examinations before issuing licenses or permits to engage in various authorized activities related to possession and maintenance of raptors and the sport of falconry, and regulate licenses as required by governing federal law and rules. To defray the costs of administering required examinations, the Wildlife Resources Commission may charge reasonable fees upon giving them. To meet minimum federal standards plus other State standards in the interests of conservation of wildlife resources, the Wildlife Resources Commission may impose all necessary controls, including those set out in the sections pertaining to collection licenses and captivity licenses, and may issue permits and require reports, but no collection license or captivity license is needed in addition to the falconry license.
."
SECTION 6.(f) G.S. 113‑270.5 reads as rewritten:
"§ 113‑270.5. Trapping licenses.
(a) Except as otherwise
specifically provided by law, no one may take fur‑bearing animals by
trapping, or by any other authorized special method that preserves the pelt
from injury, without first having procured a current and valid trapping
license. When the trapping license is required, it serves in lieu of a hunting
license in the taking of fur‑bearing animals. If fur‑bearing
animals are taken as game, at the times and by the hunting methods that may be
authorized, hunting license requirements apply.no person may take wild
animals by trapping during open trapping seasons without a valid trapping
license.
(b) The trapping licenses
issued by the Wildlife Resources Commission are as follows:follows
and entitle the licensee to access and use Wildlife Resource Commission Property:
(1) Resident State Trapping License $30.00. This license is valid only for use by an individual resident of the State.
(1a) Resident Lifetime Trapping License $300.00. This license shall be issued only to an individual resident of the State and is valid for the lifetime of the licensee.
(2) Repealed by Session Laws 2013‑283, s. 6, effective August 1, 2014.
(3) Nonresident State Trapping License $125.00. This license is valid for use by an individual within the State."
SECTION 6.(g) G.S. 113‑271 reads as rewritten:
"§ 113‑271. Hook‑and‑line licenses in inland and joint fishing waters.
(a) An inland hook‑and‑line
fishing license issued under subdivisions (2), (3), (5), (6), (6a), (6b),
and (6c) of subsection (d) of this section entitles the licensee to fish
with hook and line in inland fishing waters and waters, joint
fishing waters. waters, and public mountain trout waters. An
inland hook‑and‑line fishing license issued under this section does
not entitle entitles the licensee to engage in recreational
fishing in coastal fishing waters that are not joint fishing waters. An inland
hook‑and‑line fishing license issued under subdivision (1), (3),
(6a), (6b), (6c), or (9) of subsection (d) of this section entitles the
licensee to fish with hook and line in public mountain trout waters.access
and use Wildlife Resources Commission Property, but does not entitle the
licensee to engage in fishing in coastal fishing waters.
(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 684, s. 4.
(c) Repealed by Session Laws 1979, c. 830, s. 1.
(d) The hook‑and‑line fishing licenses issued by the Wildlife Resources Commission are as follows:
(1) Resident Annual Comprehensive Inland Fishing
License $25.00. This license shall be issued only to an individual resident
of the State.
(2) Resident State Inland
Fishing License $20.00. $25.00. This license shall be issued
only to an individual resident of the State.
(3) Lifetime Resident Comprehensive Inland Fishing License $250.00. This license shall be issued only to an individual resident of the State and is valid for the lifetime of the licensee.
(4) Repealed by Session Laws 2013‑283, s. 7, effective August 1, 2014.
(5) Nonresident State Inland
Fishing License $36.00. $45.00. This license shall be issued to
an individual nonresident of the State.
(6) Short‑Term Inland Fishing Licenses. Short‑term inland fishing licenses are valid only for the date or consecutive dates indicated on the licenses. Short‑term inland fishing licenses issued by the Wildlife Resources Commission are:
a. Resident 10‑day
Inland Fishing License $7.00. $9.00. This license shall be
issued only to a resident of the State.
b. Nonresident 10‑day
Inland Fishing License $18.00. $23.00. This license shall be
issued only to a nonresident of the State.
c. Repealed by Session Laws 2005‑455, s. 1.8, effective January 1, 2007.
(6a) Age 70 Resident Lifetime Inland Fishing License $15.00. This license shall be issued only to an individual resident of the State who is at least 70 years of age.
(6b) Resident Disabled Veteran
Lifetime Inland Fishing License $10.00. This license shall be issued only to
an individual who is a resident of the State and who is a fifty percent (50%)
or more disabled veteran as determined by the United States Department of
Veterans Affairs or as established by rules of the Wildlife Resources Commission.
This license remains valid for the lifetime of the licensee so long as the
licensee remains fifty percent (50%) or more disabled.licensee.
(6c) Resident Totally Disabled Lifetime Inland Fishing License $10.00. This license shall be issued only to an individual who is a resident of the State and who is totally and permanently disabled as determined by the Social Security Administration or as established by rules of the Wildlife Resources Commission. This license remains valid for the lifetime of the licensee.
(10) Mountain Heritage Trout Waters Three‑Day Fishing License $8.00. This license shall be issued to an individual resident or nonresident of the State and shall entitle the holder to fish in waters designated by the Wildlife Resources Commission as mountain heritage trout waters for the three consecutive days indicated on the license. An individual who holds a mountain heritage trout waters three‑day fishing license does not need to hold any other hook‑and‑line fishing license issued pursuant to this subsection in order to fish in mountain heritage trout waters."
SECTION 6.(h) G.S. 113‑272 is repealed.
SECTION 6.(i) G.S. 113‑272.3 reads as rewritten:
"§ 113‑272.3. Special provisions respecting fishing licenses; grabbling; taking bait fish; use of landing nets; lifetime licenses issued from Wildlife Resources Commission headquarters; personalized lifetime sportsman combination licenses.
(c) (Effective until July
1, 2019) Lifetime licenses are issued from the Wildlife Resources
Commission headquarters. headquarters to facilitate compliance with
50 C.F.R. § 80.31. Each application for an any Infant
Lifetime Sportsman or Sportsman, Youth Lifetime Sportsman Sportsman,
or Age 70 Resident Lifetime License must be accompanied by a certified copy
of the birth certificate, adoption order containing the date of birth, or other
proof of age satisfactory to the Commission, of the individual to be named as
the licensee.
(e) Mountain Heritage Trout Waters Program. The Wildlife Resources Commission shall establish and implement a Mountain Heritage Trout Waters Program to promote trout fishing as a heritage tourism activity. The Commission shall develop criteria for participation in the Program by cities and prepare a management plan for mountain heritage trout waters. A city that meets the criteria for participation in the Program shall be designated by the Commission as a Mountain Heritage Trout City."
SECTION 6.(j) G.S. 113‑272.4 reads as rewritten:
"§ 113‑272.4. Collection licenses.
(a) In the interest of the
orderly and efficient conservation of wildlife resources, the Wildlife
Resources Commission may provide for the licensing of qualified individuals
to take any of the wildlife resources of the State under a collection license
that may serve in lieu of any other license required in this Article. This
license authorizes incidental transportation and possession of the wildlife
resources necessary to implement the authorized purposes of the taking, but the
Wildlife Resources Commission in its discretion may additionally impose permit
requirements under subsection (d) below and G.S. 113‑274.
(b) The Wildlife Resources
Commission may delegate to the Executive Director the authority to impose time
limits during which the license is valid and restrictions as to what may be
taken and method of taking and possession, in the interests of conservation
objectives. The Executive Director through his responsible agents must
determine whether a particular license applicant meets the standards and
qualifications for licensees set by the Wildlife Resources Commission. Methods
of taking under a collection license need not be restricted to those applicable
to ordinary hunting, trapping, or fishing, but the licensee must shall
observe the restrictions as to taking, transportation, and possession
imposed by the Executive Director upon the granting of the license.
(c) When a more limited
duration period is not set by the Executive Director in implementing the
rules of the Wildlife Resources Commission, Director, collection
licenses are valid from January 1 through December 31 in any year. This license
is issued upon payment of five dollars ($5.00), but the Wildlife Resources
Commission may provide for issuance without charge to licensees who represent
educational or scientific institutions or some governmental agency.ten
dollars ($10.00). The Wildlife Resources Commission may adopt rules to utilize
replacement costs of wildlife resources to offset the impact of collection or
possession activities.
(d) As necessary, the Executive Director may administratively impose on licensees under this section restrictions upon individuals taking, transporting, or possessing under the license which will permit ready identification and control of those involved in the interest of efficient administration of laws pertaining to wildlife resources. Restrictions may include requirements as to record keeping, tagging, marking packages, cages, or containers and exhibition of additional limited‑purpose and limited‑time permits that may be issued without charge to cover particular activities and other actions that may be administratively required in the reasonable implementation of the objectives of this Subchapter.
(e) If the Executive
Director deems it administratively appropriate and convenient to do so, in the
interests of simplifying the administration of licensing requirements, he the
Executive Director may grant particular licensees under this section the
privilege of utilizing assistants in taking, transporting, or possessing
wildlife resources who themselves are not licensed. Any assistants so taking,
transporting, or possessing wildlife resources must shall have
readily available for inspection a written authorization from the licensee to
engage in the activity in question. The written authorization must shall
contain information administratively required by the Executive Director,
and a copy of the authorization must be placed in the mail addressed to the
Executive Director or his designated agent submitted to the Wildlife
Resources Commission before any assistant acts under the authorization. In
his discretion the The Executive Director may refuse to issue,
refuse to renew, or revoke the privilege conferred in this subsection. If this
is done, each individual engaged in taking, transporting, or possessing
wildlife resources under this section must shall meet all applicable
licensing and permit requirements."
SECTION 6.(k) G.S. 113‑272.5 reads as rewritten:
"§ 113‑272.5. Captivity license.
(a) In the interests of
humane treatment of wild animals and wild birds that are lawfully taken,
crippled, tame, or unfit for immediate release into their natural habitat, the The
Wildlife Resources Commission may license qualified individuals to
hold at a specified location location wild animals and wild birds
that are lawfully taken, crippled, tame, or unfit for immediate release into
their natural habitat, or one or more of any particular species of wild
animal or wild bird alive in captivity for scientific, educational, exhibition,
or other purposes. Before issuing this license, the Executive Director must satisfy
himself determine that issuance of the license is appropriate under
the objectives of this Subchapter, and that the wild animal or wild bird was
not acquired unlawfully or merely as a pet. Upon refusing to issue the
captivity license, the Executive Director may either take possession of the
wild animal or wild bird for appropriate disposition or issue a captivity
permit under G.S. 113‑274(c)(1b) for a limited period until the
holder makes proper disposition of the wild animal or wild bird.
(b) Unless a shorter time is
set for a license upon its issuance under the provisions of subsection (c),
captivity licenses are annual licenses issued beginning January 1 each year and
running until the following December 31. This license is issued upon payment
of five dollars ($5.00) The captivity license for holding shall be
issued upon payment of fifty dollars ($50.00) and the captivity license for
rehabilitation shall be issued upon payment of ten dollars ($10.00) to the
Wildlife Resources Commission.
(c) The Wildlife Resources
Commission may require standards of caging and care and reports to and
supervision by employees of the Wildlife Resources Commission as necessary
to insure humane treatment and in furtherance of the objectives of
this Subchapter. The Executive Director in implementing the provisions of this
section may administratively impose through responsible agents and employees
restrictions upon the mode of captivity that he deems deemed necessary,
including prescribing methods of treatment and handling designed, if
possible, to enable the wild animal or wild bird to become self‑sufficient
and requiring that the wild animal or wild bird be set free when self‑sufficiency
is attained. handling. To this end, the Executive Director may issue
the captivity license with an expiration date earlier than December 31 and may
also act to terminate any captivity license earlier than the expiration date
for good cause.
."
SECTION 6.(l) G.S. 113‑273 reads as rewritten:
"§ 113‑273. Dealer licenses.Other licenses.
(a) "Dealer"
Defined; All Licenses Annual. As used in this section, the word
"dealer" includes all persons or individuals required to be licensed
under the terms of this section. Except when indicated otherwise, dealer
otherwise indicated, licenses in this section are annual
licenses issued beginning January 1 each year running until the following
December 31.
(b) License Required;
Rules Governing Licensee. Except as otherwise provided, no person may
engage in any activity for which a dealer license is provided under this
section without first having procured a current and valid dealer license
for that activity. In implementing the provisions of this section, the Wildlife
Resources Commission may by rule govern every aspect of the licensee's dealings
in wildlife resources. Specifically, these rules may require dealers licensees
to:
(1) Implement a system of
tagging or otherwise identifying and controlling species regulated under the
license and pay a reasonable fee, not to exceed two dollars and twenty‑five
cents ($2.25), for each tag furnished by the Wildlife Resources Commission;Commission
to defray costs;
(2) Keep records and statistics in record books furnished by the Wildlife Resources Commission, and pay a reasonable charge to defray the cost of furnishing the books;
(3) Be subject to inspection at reasonable hours and audit of wildlife resources and pertinent records and equipment;
(4) Make periodic reports;
(5) Post performance bonds payable to the Wildlife Resources Commission conditioned upon faithful compliance with provisions of law; and
(6) Otherwise comply with reasonable rules and administrative requirements that may be imposed under the authority of this section.
(f) Fur‑Dealer License. Except as otherwise provided in this subsection, any individual in this State who deals in furs must obtain an appropriate fur‑dealer license. For the purposes of this subsection, "dealing in furs" is engaging in the business of buying or selling fur‑bearing animals or other wild animals that may lawfully be sold, the raw furs, pelts, or skins of those animals, or the furs, pelts, or skins of wild animals which may not themselves be sold but whose fur, pelt, or skin may lawfully be sold. A hunter or trapper who has lawfully taken wild animals whose fur, pelt, or skin is permitted to be sold under this subsection is not considered a fur dealer if he exclusively sells the animals or the furs, pelts, and skins, as appropriate, to licensed fur dealers. All fur‑dealer licenses are annual licenses issued beginning July 1 each year running until the following June 30. Fur‑dealer licenses issued by the Wildlife Resources Commission are as follows:
(3) Fur‑dealer station
license, one hundred twenty dollars ($120.00). Authorizes a person or
individual to deal in furs at an established location where fur dealings occur
under the supervision of a responsible individual manager named in the license.
Individual employees of the business dealing in furs solely at the established
location under the supervision of the manager need not acquire an individual
license. Any employee who also deals in furs outside the established location must
shall obtain the appropriate individual license. Individuals dealing
in furs at an established location may elect to do so under their individual
licenses.
The
Executive Director may administratively provide for reissuance of a station
license without charge for the remainder of the year when either a business
continues at an established location under a new supervising manager or the
business changes to a new location. Before reissuing the license, however, the
Executive Director must satisfy himself shall determine that
there is a continuation of essentially the same business previously licensed
and that any new supervising manager meets the qualifications imposed by rules
of the Wildlife Resources Commission. The supervising manager must shall
file the names of all employees of the business covered by a fur‑dealer
station license, whether temporary or permanent, including employees who
process or skin the animals.
The Executive Director must shall
furnish supervising managers and individual licensees with forms or record
books for recording required information as to purchase, sale, importation,
exportation, and other dealings, and make a reasonable charge to cover the
costs of any record books furnished. It is unlawful for anyone dealing in furs
to fail to submit reports required by rules or reasonable administrative
directives.
(g) Controlled Hunting
Preserve Operator License. The Wildlife Resources Commission is authorized by
rule to set standards for and to license the operation of controlled hunting
preserves operated by private persons. Controlled hunting preserves are of two
three types: one is an area marked with appropriate signs along the
outside boundaries on which only domestically raised chukars, Hungarian
partridges, and game birds other than wild turkeys are taken; the other one
is an area enclosed with a dog‑proof fence on which rabbits may be hunted
with dogs only; and one is an area enclosed with a dog‑proof fence on
which foxes and coyotes may be hunted with dogs only. A controlled fox and
coyote hunting preserve operated for private use may be of any size; a controlled
hunting preserve operated for commercial purposes shall be an area of not less
than 500 acres or of such size as set by regulation of the Wildlife Resources
Commission, which shall take into account differences in terrain and
topography, as well as the welfare of the wildlife.
Operators of controlled fox hunting
preserves may purchase live foxes and coyotes from licensed trappers who live‑trap
foxes and coyotes during any open season for trapping them and may, at any
time, take live foxes from their preserves for sale to other licensed
operators. The controlled hunting preserve operator license may be purchased
for a fee of fifty dollars ($50.00), one hundred dollars ($100.00) and
is an annual license issued beginning 1 July each year running until the
following 30 June.
(h) Game Bird Propagation
License. No person may propagate game birds in captivity or possess game
birds for propagation without first procuring a license under this subsection.
The Wildlife Resources Commission may by rule prescribe the activities to be
covered by the propagation license, which species of game birds may be
propagated, and the manner of keeping and raising the birds, in accordance with
the overall objectives of conservation of wildlife resources. Except as limited
by this subsection, propagated game birds may be raised and sold for purposes
of propagation, stocking, food, or taking in connection with dog training as
authorized in G.S. 113‑291.1(d). Migratory game bird operations
authorized under this subsection must also comply with any applicable
provisions of federal law and rules. The Wildlife Resources Commission may
impose requirements as to shipping, marking packages, banding, tagging, or
wrapping the propagated birds and other restrictions designed to reduce the
change of illicit game birds being disposed of under the cover of licensed
operations. The Wildlife Resources Commission may make a reasonable charge for
any bands, tags, or wrappers furnished propagators. The game bird propagation
license is issued by the Wildlife Resources Commission upon payment of a fee of
five dollars ($5.00). ten dollars ($10.00). It authorizes a
person or individual to propagate and sell game birds designated in the
license, in accordance with the rules of the Wildlife Resources Commission,
except:
(1) Wild turkey and ruffed grouse may not be sold for food.
(2) Production and sale of pen‑raised quail for food purposes is under the exclusive control of the Department of Agriculture and Consumer Services. The Wildlife Resources Commission, however, may regulate the possession, propagation, and transportation of live pen‑raised quail.
(k) Taxidermy License. Any
individual who engages in taxidermy taxidermy, including the tanning
of hides, involving wildlife for any compensation, including reimbursement
for the cost of materials, must first procure a taxidermy license. This license
is an annual license issued by the Wildlife Resources Commission for ten
dollars ($10.00). The Wildlife Resources Commission must require a licensee to
keep records concerning any wildlife taken or possessed by him; to keep records
of the names and addresses of persons bringing him wildlife, the names and
addresses of persons taking the wildlife if different, and other information
concerning the origin of the wildlife; to inspect any applicable licenses or
permits pertaining to the taking and possession of wildlife brought to him; to
restrict him to taxidermy upon lawfully acquired wildlife; and to keep other
pertinent records. fifty dollars ($50.00). In addition to a taxidermy
license, license holders engaging in taxidermy of any species of the family
Cervidae must also obtain a taxidermy cervid certification issued by the
Wildlife Resources Commission for five dollars ($5.00), the proceeds of which
shall be used to fund the Cervid Health Cooperator Program and for other
chronic wasting disease surveillance. The Wildlife Resources Commission is
authorized by rule to set standards and reporting requirements for taxidermy
licenses and certifications. No taxidermist subject to license requirements
may sell any game or game fish in which he deals except that a taxidermist may
acquire a valid possessory lien upon game or game fish under the terms of
Chapter 44A of the General Statutes and, with a trophy sale permit from
the Executive Director, Wildlife Resources Commission, may sell
the game or game fish under the procedure authorized in Chapter 44A. Wildlife
acquired by a taxidermist is deemed "personal property" for the
purposes of Chapter 44A.
(l) Wildlife Control Agent License. Any individual who engages in wildlife damage control or wildlife removal activities, including bat eviction, for compensation, including reimbursement for the cost of materials, shall first procure a wildlife control agent license. This is an annual license issued by the Wildlife Resources Commission for fifty dollars ($50.00). This license shall not be required for licensed trappers taking wild animals during the established trapping season for that species. The Wildlife Resources Commission is authorized by rule to set standards for and to license wildlife control agents.
(m) Alligator Control Agent Certification. In addition to the wildlife control agent license, any individual who engages in alligator damage control or removal activities for compensation, including reimbursement for the cost of materials, shall first procure an alligator control agent certification. This is an annual certification issued by the Wildlife Resources Commission for twenty‑five dollars ($25.00). The Wildlife Resources Commission is authorized by rule to set standards for and to certify alligator control agents. This certification does not include privileges conveyed with an endangered species permit. The endangered species permit shall be obtained prior to conducting activities under the authorization of this certification."
SECTION 6.(m) G.S. 113‑274 reads as rewritten:
"§ 113‑274. Permits.
(a) As used in this Article,
the word "permit" refers to a written authorization issued without
charge by an employee or agent of the Wildlife Resources Commission to an
individual or a person to conduct some activity over which the Wildlife
Resources Commission has jurisdiction. Unless otherwise specified, permits
are issued at no cost. When a more limited duration period is not set by the
Executive Director, permits are valid through December 31 in any calendar year.
When sale of wildlife resources is permitted, rules or the directives of
the Executive Director may require the retention of invoices or copies of
invoices in lieu of a permit.
(b) Except as otherwise specifically provided, no one may engage in any activity for which a permit is required without having first procured a current and valid permit.
(c) The Wildlife Resources Commission may issue the following permits:
(1c) Possession Permit. Permit
($10.00). Authorizes the possession of dead wildlife or other wildlife
resources lawfully acquired. The Wildlife Resources Commission may by rule
implement the issuance and supervision of this permit, in accordance with
governing laws and rules respecting the possession of wildlife. Any substantial
deviation from reasonable requirements imposed by rule or administratively under
the authority of this section renders the possession of the wildlife unlawful.
(3) Exportation or
Importation Permit. Permit ($10.00). Authorizes the exportation
or importation of wildlife resources from or into the State or from county to
county. The Wildlife Resources Commission may by rule implement the issuance
and supervision of this permit, in accordance with governing laws and rules
respecting the exportation and importation of wildlife resources. Any
substantial deviation from reasonable requirements imposed by rule or
administratively under the authority of this section renders the importation or
exportation of the wildlife resources unlawful.
(3a) Trophy Wildlife Sale Permit.
Permit ($10.00). Authorizes the owner of lawfully taken and possessed
dead wildlife specimens or their parts that are mounted, stuffed, or otherwise
permanently preserved to sell identified individual specimens that may lawfully
be sold under applicable laws and rules.
(3e) Field Trial Permit ($10.00). Authorizes an individual to hold a Commission‑sanctioned field trial for dogs in accordance with governing laws and rules adopted and implemented by the Wildlife Resources Commission.
."
SECTION 6.(n) G.S. 113‑275 reads as rewritten:
"§ 113‑275. General provisions respecting licenses and permits.
(a) The Wildlife Resources Commission is authorized to make agreements with other jurisdictions as to reciprocal honoring of licenses in the best interests of the conservation of wildlife resources.
(a1) Notwithstanding the fees
specified for nonresident individuals by G.S. 113‑270.2, 113‑270.3,
113‑270.4, 113‑270.5, 113‑271, 113‑272, 113‑272.2,
and 113‑273, 113‑273, or Wildlife Resources Commission
rules, if the Wildlife Resources Commission finds that a state has a
nonresident license fee related to wildlife resources that exceeds the fee for
a comparable nonresident license in North Carolina, the Wildlife Resources
Commission may, by resolution in official session, increase the nonresident
license fee applicable to citizens of that state to an amount equal to the fee
a North Carolina resident is required to pay in that state.
The action of the Wildlife Resources Commission to increase a fee pursuant to this subsection is not subject to the provisions of Article 2A of Chapter 150B of the General Statutes. The action of the Wildlife Resources Commission to increase a fee pursuant to this subsection becomes effective on the date specified by the Wildlife Resources Commission.
(k) A person may use a bow and arrow to take nongame fish in inland and joint fishing waters subject to any applicable rule of the Wildlife Resources Commission regarding seasons, creel limits, type of weapon or subsidiary gear, or any other restriction necessary for the conservation of wildlife under the authority of the following licenses:
(1) All of the combination hunting and fishing licenses issued pursuant to G.S. 113‑270.1C;
(2) All of the sportsman licenses issued pursuant to G.S. 113‑270.1D;
(3) The hunting licenses issued pursuant to G.S. 113‑ 270.2(c)(1), (2), (3), (5), and (6);
(4) The hook‑and‑line
fishing licenses issued pursuant to G.S. 113‑271(d)(1),(2), G.S. 113‑271(d)(2),
(3), (4), (5), (6), (8), and (9); and
(5) All of the special device fishing licenses issued pursuant to G.S. 113‑272.2."
SECTION 6.(o) G.S. 113‑276 reads as rewritten:
"§ 113‑276. Exemptions and exceptions to license and permit requirements.
(d) Except as otherwise
provided in this Subchapter, individuals under 16 years of age are exempt from
the hunting and trapping license requirements of G.S. 113‑270.1B(a)
and G.S. 113‑270.3(a), G.S. 113‑270.3, except
that such individuals are not exempt from the American alligator licenses
established in G.S. 113‑270.3(b)(6) and G.S. 113‑270.3(b)(7),
elk licenses established in G.S. 113‑270.3(b)(8) and G.S. 113‑270.3(b)(9),
and the falconry license described in G.S. 113‑270.3(b)(4).
Individuals under 16 may hunt under this exemption, provided that the hunter is
accompanied by an adult of at least 18 years of age who is licensed to hunt in
this State. For purposes of this section, "accompanied" means that
the licensed adult maintains a proximity that enables the adult to monitor the
activities of the hunter by remaining within sight and hearing distance at all
times without use of electronic devices. Upon successfully obtaining the hunter
education certificate of competency required by G.S. 113‑270.1A(a),
a hunter may hunt under the license exemption until age 16 without adult
accompaniment. Individuals under 16 years of age are exempt from the fishing
license requirements of G.S. 113‑270.1B(a), 113‑272, and 113‑271.
(l2) A resident of
this State who is a member of the Armed Forces of the United States serving
outside the State, or who is serving on full‑time active military duty
outside the State in a reserve component of the Armed Forces of the United
States as defined in 10 U.S.C. 10101, is exempt from the hunting and fishing
license requirements of G.S. 113‑270.1B, G.S. 113‑270.3(b)(1),
G.S. 113‑270.3(b)(3), G.S. 113‑270.3(b)(5), G.S. 113‑271,
G.S. 113‑272, G.S. 113‑272.2(c)(1), and the
Coastal Recreational Fishing License requirements of G.S. 113‑174.2
while that person is on leave in this State for 30 days or less. In order to
qualify for the exemption provided under this subsection, the person shall have
on his or her person at all times during the hunting or fishing activity the
person's military identification card and a copy of the official document
issued by the person's service unit confirming that the person is on authorized
leave from a duty station outside this State.
A person exempted from licensing requirements under this subsection is responsible for complying with any reporting requirements prescribed by rule of the Wildlife Resources Commission, complying with the hunter education requirements of G.S. 113‑270.1A, purchasing any federal migratory waterfowl stamps as a result of waterfowl hunting activity, and complying with any other requirements that the holder of a North Carolina license is subject to.
(m) The fourth day of July of each year is declared a free fishing day to promote the sport of fishing and no hook‑and‑line fishing license is required to fish in any of the public waters of the State on that day. All other laws and rules pertaining to hook‑and‑line fishing apply.
(n) The Wildlife Resources
Commission may adopt rules to exempt individuals from the hunting and fishing
license requirements of G.S. 113‑270.1B, 113‑270.3(b)(1), 113‑270.3(b)(1a),
113‑270.3(b)(1b), 113‑270.3(b)(2), 113‑270.3(b)(3), 113‑270.3(b)(5),
113‑271, 113‑272, and 113‑272.2(c)(1) who participate
in organized hunting and fishing events for the specified time and place of the
event when the purpose of the event is consistent with the conservation
objectives of the Commission. A person exempted from licensing requirements
under this subsection is responsible for complying with any reporting
requirements prescribed by rule of the Wildlife Resources Commission,
purchasing any federal migratory waterfowl stamps as a result of waterfowl
hunting activity, and complying with any other requirements that the holder of
a North Carolina license is subject to. Those exempted persons shall comply
with the hunter safety requirements of G.S. 113‑270.1A or shall be
accompanied by a properly licensed adult who maintains a proximity to the
license exempt individual which enables the adult to monitor the activities of,
and communicate with, the individual at all times."
SECTION 6.(p) G.S. 113‑276.1 reads as rewritten:
"§ 113‑276.1. Regulatory authority of Wildlife Resources Commission as to license requirements and exemptions.
In its discretion and in accordance with the best interests of the conservation of wildlife resources, the Wildlife Resources Commission may implement the provisions of this Article with rules that:
(1) [Reserved.]
(2) Regulate license requirements and exemptions applying to the taking of wildlife on particular waters forming or lying across a county boundary where there may be confusion as to the location of the boundary, hardship imposed as to the location of the boundary, or difficulty of administering or enforcing the law with respect to the actual boundary location.
(3) Require persons subject to license requirements, and persons exempt from license requirements, to carry, display, or produce identification that may be necessary to substantiate the person's entitlement to a particular license or to a particular exemption from license requirements.
(4) Require individuals aboard vessels or carrying weapons or other gear that may be used to take wildlife resources, and in an area at a time wildlife resources may be taken, to exhibit identification that includes the individual's name and current address. More than one piece of identification, including a vehicle driver license, may be required to be exhibited, if available.
(5) Implement a system of
tagging and reporting fur‑bearing animals and big game. Upon the implementation
of a tagging system for any species of fur‑bearing animal, the Wildlife
Resources Commission may charge a reasonable fee to defray its costs, not to
exceed two dollars twenty‑five cents ($2.25) per tag, costs for
each tag furnished. The price of the big game hunting license includes the cost
of big game tags."
SECTION 6.(q) G.S. 113‑276.2 reads as rewritten:
"§ 113‑276.2. Licensees and permittees subject to administrative control; refusal to issue or reissue, suspension, and revocation of their licenses and permits; court orders of suspension.
(a) This section applies to the administrative control of:
(1) Persons, other than individual hunters and fishermen taking wildlife as sportsmen, holding permits under this Article;
(2) Individuals holding special device licenses under G.S. 113‑272.2(c)(1), (1a), (2), and (2a);
(3) Individuals holding collection licenses under G.S. 113‑272.4;
(4) Individuals holding captivity licenses under G.S. 113‑272.5 and G.S. 113‑272.6; and
(5) Persons holding dealer
licenses under G.S. 113‑273.
."
TRAPPER IDENTIFICATION NUMBERS
SECTION 7. G.S. 113‑291.6(b) reads as rewritten:
"(b) No one may take wild animals by trapping with any steel‑jaw, leghold, or conibear trap unless it:
(1) Has a jaw spread of not more than seven and one‑half inches.
(2) Is horizontally offset with closed jaw spread of at least three sixteenths of an inch for a trap with a jaw spread of more than five and one‑half inches. This subdivision does not apply if the trap is set in the water with quick‑drown type of set.
(3) Is smooth edged and without teeth or spikes.
(4) Has a weather‑resistant
permanent tag attached legibly giving the trapper's name and address.address
or the trapper's trapper identification number provided by the Wildlife
Resources Commission and the Wildlife Resources Commission's telephone number
to report wildlife violations. If a trapper places a trap on the property of
another that gives the trapper's trapper identification number instead of the
trapper's name and address, the Wildlife Resources Commission shall disclose
the identity of the trapper to the landowner upon the landowner's request.
A steel‑jaw or leghold trap set on dry land with solid anchor may not have a trap chain longer than eight inches from trap to anchor unless fitted with a shock‑absorbing device approved by the Wildlife Resources Commission."
ENFORCEMENT AUTHORITY FOR WRC INSPECTORS AND PROTECTORS
SECTION 8.(a) G.S. 106‑202.15 reads as rewritten:
"§ 106‑202.15. Powers and duties of the Board.
The Board shall have all of the following powers and duties:
(10) To cooperate or enter into formal agreements with any agency of this State or of any other state or of the federal government for the purpose of enforcing any of the provisions of this Article.
."
SECTION 8.(b) G.S. 113‑136 reads as rewritten:
"§ 113‑136. Enforcement authority of inspectors and protectors; refusal to obey or allow inspection by inspectors and protectors.
(a) Inspectors and protectors are granted the powers of peace officers anywhere in this State, and beyond its boundaries to the extent provided by law, in enforcing all matters within their respective subject‑matter jurisdiction as set out in this section.
(b) The jurisdiction of inspectors extends to all matters within the jurisdiction of the Department set out in this Subchapter, Part 5D of Article 7 of Chapter 143B of the General Statutes, Article 5 of Chapter 76 of the General Statutes, and Article 2 of Chapter 77 of the General Statutes, and to all other matters within the jurisdiction of the Department which it directs inspectors to enforce. In addition, inspectors have jurisdiction over all offenses involving property of or leased to or managed by the Department in connection with the conservation of marine and estuarine resources.
(c) The jurisdiction of protectors extends to all matters within the jurisdiction of the Wildlife Resources Commission, whether set out in this Chapter, Chapter 75A, Chapter 143, Chapter 143B, or elsewhere. The Wildlife Resources Commission is specifically granted jurisdiction over all aspects of:
(1) Boating and water safety;
(2) Hunting and trapping;
(3) Fishing, exclusive of fishing under the jurisdiction of the Marine Fisheries Commission; and
(4) Activities in woodlands and on inland waters governed by G.S. 106‑908 to G.S. 106‑910.
In addition, protectors have jurisdiction over all offenses involving property of or leased by the Wildlife Resources Commission or occurring on wildlife refuges, game lands, or boating and fishing access areas managed by the Wildlife Resources Commission. The authority of protectors over offenses on public hunting grounds is governed by the jurisdiction granted the Commission in G.S. 113‑264(c).
(c1) Inspectors and protectors have jurisdiction to enforce the provisions of Article 19B of Chapter 106 of the General Statutes pursuant to and within the parameters of a formal agreement entered into under G.S. 106‑202.15(10).
."
BEAVER MANAGEMENT ASSISTANCE PROGRAM CHANGES
SECTION 9. G.S. 113‑291.10 reads as rewritten:
"§ 113‑291.10. Beaver Damage Control Advisory Board.
(a) There is established the Beaver Damage Control Advisory Board. The Board shall consist of nine members, as follows:
(1) The Executive Director of the North Carolina Wildlife Resources Commission, or his designee, who shall serve as chair;
(2) The Commissioner of Agriculture, or a designee;
(3) The Assistant Commissioner of the North Carolina Forest Service of the Department of Agriculture and Consumer Services, or a designee;
(4) The Director of the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services, or a designee;
(5) The Director of the
North Carolina Cooperative Extension Service, or a designee;A
representative of the North Carolina Association of County Commissioners;
(6) The Secretary of Transportation, or a designee;
(7) The State Director of the Wildlife Services Division of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or a designee;
(8) The President of the North Carolina Farm Bureau Federation, Inc., or a designee, representing private landowners; and
(9) A representative of the North Carolina Forestry Association.
(b) The Beaver Damage Control Advisory Board shall develop a statewide program to control beaver damage on private and public lands. The Beaver Damage Control Advisory Board shall act in an advisory capacity to the Wildlife Resources Commission in the implementation of the program. In developing the program, the Board shall:
(1) Orient the program primarily toward public health and safety and toward landowner assistance, providing some relief to landowners through beaver control and management rather than eradication;
(2) Develop a priority system for responding to complaints about beaver damage;
(3) Develop a system for documenting all activities associated with beaver damage control, so as to facilitate evaluation of the program;
(4) Provide educational activities as a part of the program, such as printed materials, on‑site instructions, and local workshops; and
(5) Provide for the hiring of personnel necessary to implement beaver damage control activities, administer the program, and set salaries of personnel.
No later than March 15 December
1 of each year, the Board shall issue a report to the Wildlife Resources
Commission, the Senate and House Appropriations Subcommittees on Natural and
Economic Resources, and the Fiscal Research Division on the results of the
program during the preceding year.
(c) The Wildlife Resources Commission shall implement the program, and may enter a cooperative agreement with the Wildlife Services Division of the Animal and Plant Health Inspection Service, United States Department of Agriculture, to accomplish the program.
(d) Notwithstanding G.S. 113‑291.6(d) or any other law, it is lawful to use snares when trapping beaver pursuant to the beaver damage control program developed pursuant to this section. The provisions of Chapter 218 of the 1975 Session Laws; Chapter 492 of the 1951 Session Laws, as amended by Chapter 506 of the 1955 Session Laws; and Chapter 1011 of the 1983 Session Laws do not apply to trapping carried out in implementing the beaver damage control program developed pursuant to this section.
(e) In case of any conflict between G.S. 113‑291.6(a) and G.S. 113‑291.6(b) and this section, this section prevails.
(f) Each county that volunteers
wishes to participate in this program for a given State fiscal
year shall provide written notification of its wish to participate no later
than September 30 of that year May 1 of the preceding fiscal year and
shall commit remit the sum of four six thousand
dollars ($4,000) ($6,000) in local funds no later than September
30 of that year. July 31 of the fiscal year for which enrollment is sought.
Funds, as appropriated for this program each fiscal year of the biennium,
shall be paid from funds available to the Wildlife Resources Commission to
provide the State share necessary to support this program, provided the sum of
at least twenty‑five thousand dollars ($25,000) in federal funds is
available each fiscal year of the biennium to provide the federal share."
CHANGES TO REGULATION OF CERTAIN REPTILES
SECTION 10.(a) G.S. 14‑417 reads as rewritten:
"§ 14‑417. Regulation of ownership or use of venomous reptiles.
(a) It shall be unlawful for
any person to own, possess, use, transport, or traffic in any venomous reptile
that is not housed in a sturdy and secure enclosure. Permanent enclosures Enclosures
shall be designed to be escape‑proof, bite‑proof, and have an
operable lock. Transport containers shall be designed to be escape‑proof
and bite‑proof.
(b) Each enclosure shall be clearly and visibly labeled "Venomous Reptile Inside" with scientific name, common name, appropriate antivenin, and owner's identifying information noted on the container. A written bite protocol that includes emergency contact information, local animal control office, the name and location of suitable antivenin, first aid procedures, and treatment guidelines, as well as an escape recovery plan must be within sight of permanent housing, and a copy must accompany the transport of any venomous reptile.
(c) In the event of an escape of a venomous reptile, the owner or possessor of the venomous reptile shall immediately notify local law enforcement."
SECTION 10.(b) G.S. 14‑417.1 reads as rewritten:
"§ 14‑417.1. Regulation of ownership or use of large constricting snakes.
(a) As used in this Article, large constricting snakes shall mean: Reticulated Python, Python reticulatus; Burmese Python, Python molurus; African Rock Python, Python sebae; Amethystine Python, Morelia amethistina; and Green Anaconda, Eunectes murinus; or any of their subspecies or hybrids.
(b) It shall be unlawful for
any person to own, possess, use, transport, or traffic in any of the large
constricting snakes that are not housed in a sturdy and secure enclosure. Permanent
enclosures Enclosures shall be designed to be escape‑proof and
shall have an operable lock. Transport containers shall be designed to be
escape‑proof.
(c) Each enclosure shall be labeled clearly and visibly with the scientific name, common name, number of specimens, and owner's identifying information. A written safety protocol and escape recovery plan shall be within sight of permanent housing, and a copy shall accompany the transport of any of the large constricting snakes. The safety protocol shall include emergency contact information, identification of the local animal control office, and first aid procedures.
(d) In the event of an escape of a large constricting snake, the owner or possessor shall immediately notify local law enforcement."
SECTION 10.(c) G.S. 14‑417.2 reads as rewritten:
"§ 14‑417.2. Regulation of ownership or use of crocodilians.
(a) All crocodilians,
excluding the American alligator, shall be regulated under this Article. It
shall be unlawful for any person to own, possess, use, transport, or traffic in
any crocodilian that is not housed in a sturdy and secure enclosure. Permanent
enclosures shall be designed to be escape‑proof and have a fence of
sufficient strength to prevent contact between an observer and the crocodilian
and shall have an operable lock. Transport containers shall be designed to be escape‑proof.escape‑proof
and shall be locked.
(b) A written safety protocol and escape recovery plan shall be within sight of permanent housing, and a copy must accompany the transport of any crocodilian.
(c) In the event of the escape of a crocodilian, the owner or possessor shall immediately notify local law enforcement."
SECTION 10.(d) G.S. 14‑419 reads as rewritten:
"§ 14‑419. Investigation of suspected violations; seizure and examination of reptiles; disposition of reptiles.
(a) In any case in which any
a law‑enforcement officer or animal control officer has
probable cause to believe that any of the provisions of this Article have been
or are about to be violated, it shall be the duty of the officer and the
officer is authorized, empowered, and directed authorized and
empowered to immediately investigate the violation or impending violation
and to consult with representatives of the North Carolina Museum of Natural
Sciences or the North Carolina Zoological Park or a designated representative
of either the Museum or Zoological Park the North Carolina Department
of Natural and Cultural Resources to identify the species, assist with
determining interim disposition, and recommend appropriate and safe methods
to handle and seize the reptile or reptiles involved, to seize the
reptile or reptiles involved, and the officer is authorized and directed to
deliver: (i) a reptile believed to be venomous to the North Carolina State
Museum of Natural Sciences or to its designated representative for examination
for the purpose of ascertaining whether the reptile is regulated under this
Article; and, (ii) a reptile believed to be a large constricting snake or
crocodilian to the North Carolina Zoological Park or to its designated
representative for the purpose of ascertaining whether the reptile is regulated
under this Article. In any case in which a law enforcement officer or animal
control officer involved. In the case of escape, or if an officer, with
probable cause to believe that reptile is being owned, possessed, used,
transported, or trafficked in violation of this Article, determines that
there is an immediate risk to officer safety or public safety, the
officer shall not be required to consult with representatives of the North
Carolina Museum of Natural Sciences or the North Carolina Zoological Park as
provided by this subsection and may kill the reptile.
(b) If If, based
on available information, the officer, the Museum or Museum, the
Zoological Park or their designated representatives find a designated
representative of the Department of Natural and Cultural Resources finds that
a seized reptile is a venomous reptile, large constricting snake, or
crocodilian regulated under this Article, the Museum or the Zoological Park or their
designated representative a designated representative of the Department
of Natural and Cultural Resources shall determine assist the
officer with determining an interim disposition of the reptile in a manner
consistent with the safety of the public, until a final disposition is
determined by a court of competent jurisdiction. In the case of a venomous
reptile for which antivenin approved by the United States Food and Drug
Administration is not readily available, the reptile may be euthanized unless
the species is protected under the federal Endangered Species Act of 1973.
Where the Museum or the Zoological Park or their designated representative
determines euthanasia is determined to be the appropriate interim
disposition, or where a reptile seized pursuant to this Article dies of natural
or unintended causes, the Museum, the Zoological Park, or their designated
representatives parties involved shall not be liable to the
reptile's owner.
(b1) Upon conviction of any
offense contained in this Article, the court shall order a final disposition of
the confiscated venomous reptiles, large constricting snakes, or crocodilians,
which may include the transfer of title to the State of North Carolina and shall
include reimbursement by the owner for the necessary expenses
incurred in the seizure, delivery, and storage thereof.
(c) If the Museum or the
Zoological Park or their designated representatives find that the reptile
is not a venomous reptile, large constricting snake, or crocodilian regulated
under this Article, and either no criminal warrants criminal
citations, warrants, or indictments are initiated against the owner in
connection with the reptile within 10 days of initial seizure, or a court of
law determines that the reptile is not being owned, possessed, used,
transported, or trafficked in violation of this Article, then it shall be the
duty of the law enforcement officer to return the reptile or reptiles to the
person from whom they were seized within 15 days.days of the seizure."
SECTION 10.(e) G.S. 14‑420 is repealed.
DEFINE BAITED AREA FOR PURPOSES OF WILD TURKEY HUNTING
SECTION 11. G.S. 113‑291.1 reads as rewritten:
"§ 113‑291.1. Manner of taking wild animals and wild birds.
(b) No wild animals or wild birds may be taken:
(2) With the use or aid of
any artificial light, net, trap, snare, electronic or recorded animal or bird
call, or fire, except as may be otherwise provided by statute[;] provided,
however, that the Wildlife Resources Commission may adopt rules prescribing
seasons and the manner of taking of wild animals and wild birds with the use of
artificial light and electronic calls. No wild birds may be taken with the use
or aid of salt, grain, fruit, or other bait. No black bear may be taken with
the use or aid of any salt, salt lick, grain, fruit, honey, sugar‑based
material, animal parts or products, or other bait, except as provided by the
rules of the Wildlife Resources Commission. However, no rule established by the
Wildlife Resources Commission shall allow for the taking of a black bear with
the use and aid of bear bait attractants, including scented sprays, aerosols,
scent balls, and scent powders, and no rule established by the Wildlife
Resources Commission shall allow for the taking of a black bear while it is
consuming bait. No wild turkey may knowingly be taken from an area within
300 yards of any place in which bait has been placed until the expiration
of 10 days after the bait has been consumed or otherwise removed. The taking of
wild animals and wild birds with poisons, drugs, explosives, and electricity is
governed by G.S. 113‑261, G.S. 113‑262, and Article 22A
of this Subchapter.
Upon finding that the placement of processed food products in areas frequented by black bears is detrimental to the health of individual black bears or is attracting and holding black bears in an area to the extent that the natural pattern of movement and distribution of black bears is disrupted and bears' vulnerability to mortality factors, including hunting, is increased to a level that causes concern for the population, the Wildlife Resources Commission may adopt rules to regulate, restrict, or prohibit the placement of those products and prescribe time limits during which hunting is prohibited in areas where those products have been placed.
Any person who is convicted of unlawfully taking bear with the use or aid of any type of bait as provided by this subsection or by rules adopted pursuant to this subsection is punishable as provided by G.S. 113‑294(c1).
."
FEE REDUCTION OF LIFETIME HUNTING AND FISHING LICENSES ISSUABLE TO A VOLUNTEER FIREFIGHTER WHO HAS SERVED FOR AT LEAST FIVE YEARS
SECTION 12. G.S. 113‑276 is amended by adding a new subsection to read:
"(o) An eligible member of a volunteer fire department for five consecutive fiscal years, including the prior fiscal year, may be issued any adult resident lifetime license issued and administered by the Wildlife Resources Commission for fifty percent (50%) of the applicable license fee amount. For purposes of this subsection, the term "eligible member" means an individual appearing on the certified roster of eligible firefighters submitted to the North Carolina State Firefighters' Association under G.S. 58‑86‑25."
EFFECTIVE DATE
SECTION 13. Sections 1 through 6 of this act become effective September 1, 2019. Sections 7 and 12 of this act become effective October 1, 2019. Section 9 of this act becomes effective January 1, 2020. Section 10 of this act is effective December 1, 2019, and applies to offenses committed on or after that date. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of August, 2019.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 4:19 p.m. this 27th day of August, 2019