§ 113-291.2. Seasons and bag limits on wild animals and birds; including animals and birds taken in bag; possession and transportation of wildlife after taking. - North Carolina Statutes

§ 113‑291.2.  Seasonsand bag limits on wild animals and birds; including animals and birds taken inbag; possession and transportation of wildlife after taking.

(a)        In accordance withthe supply of wildlife and other factors it determines to be of public importance,the Wildlife Resources Commission may fix seasons and bag limits upon the wildanimals and wild birds authorized to be taken that it deems necessary ordesirable in the interests of the conservation of wildlife resources. Theauthority to fix seasons includes the closing of seasons completely whennecessary and fixing the hours of hunting. The authority to fix bag limitsincludes the setting of season and possession limits. Different seasons and baglimits may be set in differing areas; early or extended seasons and differentor unlimited bag limits may be authorized on controlled shooting preserves,game lands, and public hunting grounds; and special or extended seasons may befixed for those engaging in falconry, using primitive weapons, or takingwildlife under other special conditions.

Unless modified by rules ofthe Wildlife Resources Commission or as provided in subsection (f) of thissection, the seasons, shooting hours, bag limits, and possession limits fixedby the United States Department of Interior or any successor agency formigratory game birds in North Carolina must be followed, and a violation of theapplicable federal rules is hereby made unlawful. When the applicable federalrules require that the State limit participation in seasons and/or bag limitsfor migratory game birds, the Wildlife Resources Commission may schedulemanaged hunts for migratory game birds. Participants in such hunts shall beselected at random by computer, and each applicant 16 years of age or oldershall have the required general hunting license and the waterfowl huntinglicense prior to the drawing for the managed hunt. Each applicant under 16years of age shall either have the required general hunting license and thewaterfowl hunting license or shall apply as a member of a party that includes aproperly licensed adult. All applications for managed waterfowl hunts shall bescreened prior to the drawing for compliance with these requirements. Anonrefundable fee of ten dollars ($10.00) shall be required of each applicantto defray the cost of processing the applications.

(a1)      When the ExecutiveDirector of the Wildlife Resources Commission receives a petition from theState Health Director declaring a rabies emergency for a particular county ordistrict pursuant to G.S. 130A‑201, the Executive Director of theWildlife Resources Commission shall develop a plan to reduce the threat ofrabies exposure to humans and domestic animals by foxes, raccoons, skunks, orbobcats in the county or district. The plan shall be based upon the bestveterinary and wildlife management information and techniques available. Theplan may involve a suspension or liberalization of any regulatory restrictionon the taking of foxes, raccoons, skunks, or bobcats, except that the use of poisons,other than those used with dart guns, shall not be permitted under anycircumstance. If the plan involves a suspension or liberalization of anyregulatory restriction on the taking of foxes, raccoons, skunks, or bobcats,the Executive Director of the Wildlife Resources Commission shall prepare andadopt temporary rules setting out the suspension or liberalization pursuant toG.S. 150B‑21.1(a)(1). The Executive Director shall publicize the plan andthe temporary rules in the major news outlets that serve the county or districtto inform the public of the actions being taken and the reasons for them. Uponnotification by the State Health Director that the rabies emergency no longerexists, the Executive Director of the Wildlife Resources Commission shallcancel the plan and repeal any rules adopted to implement the plan. TheExecutive Director of the Wildlife Resources Commission shall publicize thecancellation of the plan and the repeal of any rules in the major news outletsthat serve the county or district.

(b)        Any individualhunter or trapper who in taking a wild animal or bird has wounded or otherwisedisabled it must make a reasonable effort to capture and kill the animal orbird. All animals and birds taken that can be retrieved must be retrieved andcounted with respect to any applicable bag limits governing the individualtaking the animal or bird.

(c)        An individual whohas lawfully taken game within applicable bag, possession, and season limitsmay, except as limited by rules adopted pursuant to subsection (c1) of thissection, after the game is dead, possess and personally transport it for hisown use by virtue of his hunting license, and without any additional permit,subject to tagging and reporting requirements that may apply to the fox and biggame, as follows:

(1)        In an area in whichthe season is open for the species, the game may be possessed and transportedwithout restriction.

(2)        The individual maypossess and transport the game lawfully taken on a trip:

a.         To his residence;

b.         To a preservation orprocessing facility that keeps adequate records as prescribed in G.S. 113‑291.3(b)(3)or a licensed taxidermist;

c.         From a placeauthorized in subparagraph b to his residence.

(3)        The individual maypossess the game indefinitely at his residence, and may there accumulatelawfully‑acquired game up to the greater of:

a.         The applicablepossession limit for each species; or

b.         One half of theapplicable season limit for each species.

The above subdivisions applyto an individual hunter under 16 years of age covered by the license issued tohis parent or guardian, if he is using that license, or by the license of anadult accompanying him. An individual who has lawfully taken game as alandholder without a license may possess and transport the dead game, takenwithin applicable bag, possession, and season limits, to his residence. He mayindefinitely retain possession of such game, within aggregate possession limitsfor the species in question, in his residence.

(c1)      In the event thatthe Executive Director finds that game carcasses or parts of game carcasses areknown or suspected to carry an infectious or contagious disease that poses animminent threat to the health or habitat of wildlife species, the WildlifeResources Commission shall adopt rules to regulate the importation,transportation, or possession of those carcasses or parts of carcasses that,according to wildlife disease experts, may transmit such a disease.

(d)        Except in thesituations specifically provided for above, the Wildlife Resources Commissionmay by rule impose reporting, permit, and tagging requirements that may benecessary upon persons:

(1)        Possessing deadwildlife taken in open season after the close of that season.

(2)        Transporting deadwildlife from an area having an open season to an area with a closed season.

(3)        Transporting deadwildlife lawfully taken in another state into this State.

(4)        Possessing deadwildlife after such transportation.

The Wildlife Resources Commissionin its discretion may substitute written declarations to be filed with agentsof the Commission for permit and tagging requirements.

(e)        Upon application ofany landholder or agent of a landholder accompanied by a fee of fifty dollars($50.00), the Executive Director may issue to such landholder or agent aspecial license and a number of special antlerless or antlered deer tags thatin the judgment of the Executive Director is sufficient to accommodate thelandholder or the landholder's agent's deer population management objectives orcorrect any deer population imbalance that may occur on the property. Subjectto applicable hunting license requirements, the special deer tags may be usedby any person or persons selected by the landholder or his agent as authorityto take antlerless deer, including male deer with "buttons" or spikesnot readily visible, or antlered deer on the tract of land concerned during anyestablished deer hunting season. The Executive Director or designee maystipulate on the license that special deer tags for antlered deer, if applicable,may only be valid for deer that meet certain minimum harvest criteria. TheExecutive Director or designee may also define on the license valid hunt datesthat fall outside of the general deer hunting season. Harvested antlerless orantlered deer for which special tags are issued shall be affixed immediatelywith a special deer tag and shall be reported immediately in the wildlifecooperator tagging book supplied with the special deer tags. This tagging bookand any unused tags shall be returned to the Commission within 15 days of theclose of the season. The Wildlife Resources Commission may offer an alternatereporting system when the Commission determines that such an alternate systemis appropriate. Antlerless or antlered deer taken under this program and taggedwith the special tags provided shall not count as part of the daily bag,possession, and season limits of the person taking the deer.

(f)         The Commission isauthorized to issue proclamations to set seasons, shooting hours, bag limits,and possession limits that are congruent with the season framework establishedby the United States Department of Interior or any successor agency. TheCommission may delegate this authority to the Executive Director. Eachproclamation shall state the hour and date upon which it becomes effective andshall be issued at least 48 hours prior to the effective date and time. Apermanent file of the text of all proclamations shall be maintained in theoffice of the Executive Director. Certified copies of proclamations areentitled to judicial notice in any civil or criminal proceeding.

The Executive Director shallmake a reasonable effort to give notice of the terms of any proclamation topersons who may be affected by it. This effort shall include press releases tocommunications media, posting of notices at boating access areas and otherplaces where persons affected may gather, personal communication by agents ofthe Wildlife Resources Commission, and other measures designed to reach personswho may be affected. Proclamations under this subsection shall remain in forceuntil rescinded following the same procedure established for enactment.  (1935, c. 486, ss. 16, 17;1949, c. 1205, s. 1; 1973, c. 1262, s. 18; 1977, c. 499, s. 1; 1979, c. 830, s.1; 1979, 2nd Sess., c. 1285, s. 7; 1981, c. 681, s. 1; 1987, c. 38; c. 827, s.98; 1989, c. 642, s. 2; 1995, c. 181, s. 1; 1997‑402, s. 2; 1999‑339,s. 7; 2003‑344, ss. 7, 8; 2005‑82, s. 2; 2007‑401, s. 3; 2009‑221,s. 1.)