§ 113-273. Dealer licenses. - North Carolina Statutes

§ 113‑273.  Dealer licenses.

(a)        "Dealer" Defined; All Licenses Annual. – As usedin this section, the word "dealer" includes all persons orindividuals required to be licensed under the terms of this section. Exceptwhen indicated otherwise, dealer licenses are annual licenses issued beginningJanuary 1 each year running until the following December 31.

(b)        License Required; Rules Governing Licensee. – Except asotherwise provided, no person may engage in any activity for which a dealerlicense is provided under this section without first having procured a currentand valid dealer license for that activity. In implementing the provisions ofthis section, the Wildlife Resources Commission may by rule govern every aspectof the licensee's dealings in wildlife resources. Specifically, these rules mayrequire dealers to:

(1)        Implement a system of tagging or otherwise identifying andcontrolling species regulated under the license and pay a reasonable fee, notto exceed two dollars and twenty‑five cents ($2.25), for each tagfurnished by the Wildlife Resources Commission;

(2)        Keep records and statistics in record books furnished by theWildlife Resources Commission, and pay a reasonable charge to defray the costof furnishing the books;

(3)        Be subject to inspection at reasonable hours and audit ofwildlife resources and pertinent records and equipment;

(4)        Make periodic reports;

(5)        Post performance bonds payable to the Wildlife ResourcesCommission conditioned upon faithful compliance with provisions of law; and

(6)        Otherwise comply with reasonable rules and administrativerequirements that may be imposed under the authority of this section.

(c)        Repealed by Session Laws 1993, c. 18, s. 3.

(d)        Repealed by Session Laws 1979, c. 830, s. 1.

(e)        Repealed by Session Laws 1993, c. 18, s. 3.

(f)         Fur‑Dealer License. – Except as otherwise provided inthis subsection, any individual in this State who deals in furs must obtain anappropriate fur‑dealer license. For the purposes of this subsection,"dealing in furs" is engaging in the business of buying or sellingfur‑bearing animals or other wild animals that may lawfully be sold, theraw furs, pelts, or skins of those animals, or the furs, pelts, or skins ofwild animals which may not themselves be sold but whose fur, pelt, or skin maylawfully be sold. A hunter or trapper who has lawfully taken wild animals whosefur, pelt, or skin is permitted to be sold under this subsection is notconsidered a fur dealer if he exclusively sells the animals or the furs, pelts,and skins, as appropriate, to licensed fur dealers. All fur‑dealerlicenses are annual licenses issued beginning July 1 each year running untilthe following June 30. Fur‑dealer licenses issued by the WildlifeResources Commission are as follows:

(1)        Resident fur‑dealer license, sixty dollars ($60.00).Authorizes an individual resident of the State to deal in furs in accordancewith the rules of the Wildlife Resources Commission.

(2)        Nonresident fur‑dealer license, three hundred dollars($300.00). Authorizes an individual within the State to deal in furs inaccordance with the rules of the Wildlife Resources Commission.

(3)        Fur‑dealer station license, one hundred twenty dollars($120.00). Authorizes a person or individual to deal in furs at an establishedlocation where fur dealings occur under the supervision of a responsibleindividual manager named in the license. Individual employees of the businessdealing in furs solely at the established location under the supervision of themanager need not acquire an individual license. Any employee who also deals infurs outside the established location must obtain the appropriate individuallicense. Individuals dealing in furs at an established location may elect to doso under their individual licenses.

            The Executive Director mayadministratively provide for reissuance of a station license without charge forthe remainder of the year when either a business continues at an establishedlocation under a new supervising manager or the business changes to a newlocation. Before reissuing the license, however, the Executive Director mustsatisfy himself that there is a continuation of essentially the same businesspreviously licensed and that any new supervising manager meets thequalifications imposed by rules of the Wildlife Resources Commission. Thesupervising manager must file the names of all employees of the businesscovered by a fur‑dealer station license, whether temporary or permanent,including employees who process or skin the animals.

The Executive Director must furnish supervisingmanagers and individual licensees with forms or record books for recordingrequired information as to purchase, sale, importation, exportation, and otherdealings, and make a reasonable charge to cover the costs of any record booksfurnished. It is unlawful for anyone dealing in furs to fail to submit reportsrequired by rules or reasonable administrative directives.

(g)        Controlled Hunting Preserve Operator License. – The WildlifeResources Commission is authorized by rule to set standards for and to licensethe operation of controlled hunting preserves operated by private persons.Controlled hunting preserves are of two types: one is an area marked withappropriate signs along the outside boundaries on which only domesticallyraised game birds other than wild turkeys are taken; the other is an areaenclosed with a dog‑proof fence on which foxes and coyotes may be huntedwith dogs only. A controlled fox and coyote hunting preserve operated forprivate use may be of any size; a controlled hunting preserve operated forcommercial purposes shall be an area of not less than 500 acres or of such sizeas set by regulation of the Wildlife Resources Commission, which shall takeinto account differences in terrain and topography, as well as the welfare ofthe wildlife.

Operators of controlled fox hunting preserves may purchase live foxesand coyotes from licensed trappers who live‑trap foxes and coyotes duringany open season for trapping them and may, at any time, take live foxes fromtheir preserves for sale to other licensed operators. The controlled huntingpreserve operator license may be purchased for a fee of fifty dollars ($50.00),and is an annual license issued beginning 1 July each year running until thefollowing 30 June.

(h)        Game Bird Propagation License. – No person may propagategame birds in captivity or possess game birds for propagation without firstprocuring a license under this subsection. The Wildlife Resources Commissionmay 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 andraising the birds, in accordance with the overall objectives of conservation ofwildlife resources. Except as limited by this subsection, propagated game birdsmay be raised and sold for purposes of propagation, stocking, food, or takingin connection with dog training as authorized in G.S. 113‑291.1(d).Migratory game bird operations authorized under this subsection must alsocomply with any applicable provisions of federal law and rules. The WildlifeResources Commission may impose requirements as to shipping, marking packages,banding, tagging, or wrapping the propagated birds and other restrictionsdesigned to reduce the change of illicit game birds being disposed of under thecover of licensed operations. The Wildlife Resources Commission may make areasonable charge for any bands, tags, or wrappers furnished propagators. Thegame bird propagation license is issued by the Wildlife Resources Commissionupon payment of a fee of five dollars ($5.00). It authorizes a person orindividual to propagate and sell game birds designated in the license, inaccordance 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 foodpurposes is under the exclusive control of the Department of Agriculture andConsumer Services. The Wildlife Resources Commission, however, may regulate thepossession, propagation, and transportation of live pen‑raised quail.

Wild turkey acquired or raised under a game birdpropagation license shall be confined in a cage or pen approved by the WildlifeResources Commission and no such wild turkey shall be released for any purposeor allowed to range free. It is a Class 3 misdemeanor to sell wild turkey orruffed grouse for food purposes, to sell quail other than lawfully acquired pen‑raisedquail for food purposes, or to release or allow wild turkey to range free.

(i)         Furbearer Propagation License. – No person may engage inpropagation in captivity or possess any species of furbearers for propagationfor the purpose of selling the animals or their pelts for use as fur withoutfirst procuring a license under this subsection. The furbearer propagation licenseis issued by the Wildlife Resources Commission upon payment of a fee of twenty‑fivedollars ($25.00). It authorizes the propagation or sale of the pelts orcarcasses of the species of furbearing animals named therein, includingbobcats, opossums and raccoons, or red and silver foxes (Vulpes vulpes), foruse as fur. The Wildlife Resources Commission may by rule prescribe theactivities covered by the license, the manner of keeping and raising theanimals and the manner of killing them prior to sale, in accordance withoverall objectives of conservation of wildlife resources and humane treatmentof wild animals raised in captivity. The Wildlife Resources Commission mayrequire tagging of the pelts or carcasses of the animals prior to sale inaccordance with the provisions of G.S. 113‑276.1(5) and G.S. 113‑291.4(g).It is unlawful for any person licensed under this subsection to sell any peltor carcass of any furbearing animal or fox to any other person who is notlawfully authorized to buy and possess the same, or to sell or deliver a livespecimen of any such animal to any person who is not authorized to buy orreceive and to hold the animal in captivity.

(j)         [Reserved.]

(k)        Taxidermy License. – Any individual who engages in taxidermyinvolving wildlife for any compensation, including reimbursement for the costof materials, must first procure a taxidermy license. This license is an annuallicense issued by the Wildlife Resources Commission for ten dollars ($10.00).The Wildlife Resources Commission must require a licensee to keep recordsconcerning any wildlife taken or possessed by him; to keep records of the namesand addresses of persons bringing him wildlife, the names and addresses ofpersons taking the wildlife if different, and other information concerning theorigin of the wildlife; to inspect any applicable licenses or permitspertaining to the taking and possession of wildlife brought to him; to restricthim to taxidermy upon lawfully acquired wildlife; and to keep other pertinentrecords. No taxidermist subject to license requirements may sell any game orgame fish in which he deals except that a taxidermist may acquire a validpossessory lien upon game or game fish under the terms of Chapter 44A of theGeneral Statutes and, with a permit from the Executive Director, may sell thegame or game fish under the procedure authorized in Chapter 44A. Wildlifeacquired by a taxidermist is deemed "personal property" for thepurposes of Chapter 44A. (1929, c. 333, ss. 1‑7;c. 198, ss. 1, 2, 4; 1933, c. 337, ss. 1‑4; c. 430, s. 1; 1935, c. 471,ss. 1‑3; c. 486, ss. 4, 12, 21; 1937, c. 45, s. 1; 1945, c. 617; 1949, c.1203, s. 1; 1957, cc. 386, 841; c. 849, s. 1; 1959, c. 304; 1961, c. 311; c.834, s. 1; c. 1056; 1965, c. 957, s. 2; 1967, c. 790; 1969, c. 1030; c. 1042,ss. 1‑5; 1971, c. 242; c. 282, s. 1; c. 515, s. 5; c. 705, ss. 1, 2;1973, c. 1098; c. 1262, ss. 18, 86; 1975, c. 197, ss. 1‑4, 13, 14; 1977,c. 658; 1979, c. 830, s. 1; 1981, c. 620, ss. 4‑6; 1983, c. 140, s. 9;1985, c. 476, s. 1; 1987, c. 133; c. 827, s. 98; 1989, c. 616, s. 3; 1993, c.18, s. 3; c. 539, s. 854; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑261, s.81; 2003‑96, s. 1.)