§ 113-276. Exemptions and exceptions to license and permit requirements. - North Carolina Statutes

§ 113‑276.  Exemptionsand exceptions to license and permit requirements.

(a),(b)  Repealed by SessionLaws 1979, c. 830, s. 1.

(c)        Except as otherwiseprovided in this Subchapter, every landholder, his spouse, and dependents under18 years of age residing with him may take wildlife upon the land held by thelandholder without any license required by G.S. 113‑270.1B or G.S. 113‑270.3(a),except that such persons are not exempt from the falconry license described inG.S. 113‑270.3(b)(4).

(d)        Except as otherwiseprovided in this Subchapter, individuals under 16 years of age are exempt fromthe hunting and trapping license requirements of G.S. 113‑270.1B(a) andG.S. 113‑270.3(a), except the falconry license described in G.S. 113‑270.3(b)(4).Individuals under 16 may hunt under this exemption, provided that the younghunter is accompanied by an adult who is licensed to hunt in this State. Forpurposes of this section, "accompanied" means that the licensed adultmaintains a proximity that enables the adult to monitor the activities of, andcommunicate with, the young hunter at all times. Upon successfully obtainingthe hunter safety certificate of competency required by G.S. 113‑270.1A(a),a young hunter may hunt under the license exemption until age 16 without adultaccompaniment. Individuals under 16 years of age are exempt from the fishinglicense requirements of G.S. 113‑270.1B(a), 113‑272, and 113‑271.

(e)        Repealed by SessionLaws 2005‑455, s. 1.11.

(f)         A special devicelicense is not required when a landing net is used:

(1)        To take nongame fishin inland fishing waters; or

(2)        To assist in takingfish in inland fishing waters when the initial and primary method of taking isby the use of hook and line – so long as applicable hook‑and‑linefishing‑license requirements are met.

As used in this subsection, a"landing net" is a net with a handle not exceeding eight feet inlength and with a hoop or frame to which the net is attached not exceeding 60inches along its outer perimeter.

(g)        Bow nets covered bya special device license may be used in waters and during the seasonsauthorized in the rules of the Wildlife Resources Commission by an individualother than the licensee with the permission of the licensee. The individualusing another's bow net must also secure the net owner's special device licenseand keep it on or about his person while fishing in inland fishing waters.

(h)        Repealed by SessionLaws 1979, c. 830, s. 1.

(i)         A food server mayprepare edible wildlife lawfully taken and possessed by a patron for serving tothe patron and any guest he may have. The Executive Director may provide forthe keeping of records by the food server necessary for administrative controland supervision with respect to wildlife brought in by patrons.

(j)         A migrant farmworker who has in his possession a temporary certification of his status assuch by the Rural Employment Service of the North Carolina Employment SecurityCommission on a form provided by the Wildlife Resources Commission is entitledto the privileges of a resident of the State and of the county indicated onsuch certification during the term thereof for the purposes of purchasing andusing the resident fishing licenses provided by G.S. 113‑271(d)(2), (4),and (6)a.

(k)        A person mayparticipate in a field trial for beagles without a hunting license if approvedin advance by the Executive Director, conducted without the use or possessionof firearms, and on an area of not more than 100 acres of private land which iscompletely and permanently enclosed with a metal fence through which rabbitsmay not escape or enter at any time.

(l)         The fishinglicense provisions of this Article do not apply upon the lands held in trust bythe United States for the Eastern Band of the Cherokee Indians.

(l1)       The licensingprovisions of this Article do not apply to a member of an Indian triberecognized under Chapter 71A of the General Statutes for purposes of hunting,trapping, or fishing on tribal land. A person taking advantage of thisexemption shall possess and produce proper identification confirming theperson's membership in a State‑recognized tribe upon request by awildlife enforcement officer. For purposes of this section, "triballand" means only real property owned by an Indian tribe recognized underChapter 71A of the General Statutes.

(l2)       A resident of thisState who is a member of the Armed Forces of the United States serving outsidethe State, or who is serving on full‑time active military duty outsidethe State in a reserve component of the Armed Forces of the United States asdefined in 10 U.S.C. 10101, is exempt from the hunting and fishing licenserequirements 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. 113‑174.2while that person is on leave in this State for 30 days or less. In order toqualify for the exemption provided under this subsection, the person shall haveon his or her person at all times during the hunting or fishing activity theperson's military identification card and a copy of the official documentissued by the person's service unit confirming that the person is on authorizedleave from a duty station outside this State.

A person exempted from licensingrequirements under this subsection is responsible for complying with anyreporting requirements prescribed by rule of the Wildlife Resources Commission,complying with the hunter safety requirements of G.S. 113‑270.1A,purchasing any federal migratory waterfowl stamps as a result of waterfowlhunting activity, and complying with any other requirements that the holder ofa North Carolina license is subject to.

(m)       The fourth day ofJuly of each year is declared a free fishing day to promote the sport of fishingand no hook‑and‑line fishing license is required to fish in any ofthe public waters of the State on that day. All other laws and rules pertainingto hook‑and‑line fishing apply.

(n)        The WildlifeResources Commission may adopt rules to exempt individuals from the hunting andfishing license requirements of G.S. 113‑270.1B, 113‑270.3(b)(1),113‑270.3(b)(3), 113‑270.3(b)(5), 113‑271, 113‑272, and113‑272.2(c)(1) who participate in organized hunting and fishing eventsfor the specified time and place of the event when the purpose of the event isconsistent with the conservation objectives of the Commission. A personexempted from licensing requirements under this subsection is responsible forcomplying with any reporting requirements prescribed by rule of the WildlifeResources Commission, purchasing any federal migratory waterfowl stamps as aresult of waterfowl hunting activity, and complying with any other requirementsthat the holder of a North Carolina license is subject to. Those exemptedpersons shall comply with the hunter safety requirements of G.S. 113‑270.1Aor shall be accompanied by a properly licensed adult who maintains a proximityto the license exempt individual which enables the adult to monitor theactivities of, and communicate with, the individual at all times.  (1929, c. 335, ss. 1, 10;1935, c. 486, s. 12; 1937, c. 45, s. 1; 1945, c. 567, ss. 1, 6; c. 617; 1949,c. 1203, s. 1; 1951, c. 1112, s. 2; 1957, c. 849, s. 1; 1959, c. 304; 1961, cc.312, 329; c. 834, s. 1; 1963, c. 170; 1965, c. 957, s. 2; 1967, cc. 127, 654,790; 1969, c. 1030; c. 1042, ss. 1‑5; 1971, c. 242; c. 282, s. 1; c. 705,ss. 1, 2; c. 1231, s. 1; 1973, c. 1262, s. 18; 1975, c. 197, ss. 1‑4;1977, c. 191, s. 1; c. 658; 1979, c. 830, s. 1; 1987, c. 827, s. 98; 1993 (Reg.Sess., 1994), c. 684, ss. 6, 8, 9; 1999‑456, ss. 29, 30; 2005‑285,s. 1; 2005‑438, s. 2; 2005‑455, ss. 1.11, 1.12, 1.13, 1.14; 2009‑25,s. 1; 2009‑248, s. 1.)