SUBCHAPTER 10B - HUNTING AND TRAPPING

 

SECTION .0100 - GENERAL REGULATIONS

 

15A NCAC 10B .0101      IMPORTATION OF WILD ANIMALS, BIRDS, AND NATIVE REPTILES AND AMPHIBIANS

(a)  Before any live wild bird, wild animal, or any native reptile or amphibian, is imported into North Carolina for any purpose, a permit shall be obtained from the Executive Director of the North Carolina Wildlife Resources Commission authorizing the importation, using application forms provided by the Commission, available at ncwildlife.org, and from the North Carolina Department of Agriculture and Consumer Services pursuant to 02 NCAC 52B .0200, if applicable.

(b)  Domestically raised game birds, chukars, and Hungarian partridges imported into North Carolina shall be accompanied by a certificate or label showing the name and address of the shipper and the National Poultry Improvement plan (NPIP) Disease Program Status of the flock of origin pursuant to 02 NCAC 52B .0603. If the source birds are not part of NPIP, they must be tested pullorum-typhoid and avian influenza negative by NPIP standards within 21 days prior to entry into North Carolina. Health certificates for imported waterfowl shall be available for inspection by authorized Commission personnel upon request.

 

History Note:        Authority G.S. 106.549.97; 113-134; 113-272.6; 113-274; 113-291.3;

Eff. February 1, 1976;

Temporary Amendment Eff. October 8, 2002; May 17, 2002;

Amended Eff. August 1, 2010; May 1, 2010; June 1, 2005; August 1, 2004;

Readopted Eff. August 1, 2022;

Amended Eff. October 1, 2022.

 

15A NCAC 10B .0102      IMPORTATION OF GRAY FOXES

The importation of gray foxes into Anson, Avery, Burke, Cabarrus, Caldwell, Catawba, Cleveland, Davidson, Gaston, Lincoln, McDowell, Mecklenburg, Mitchell, Montgomery, Moore, Richmond, Rowan, Rutherford, Stanly, Union and Yancey Counties is prohibited.

 

History Note:        Authority G.S. 113‑134; 113‑274; 113‑291.3; 113‑291.4;

Eff. February 1, 1976;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0103      RESPONSIBILITY OF GUIDES

 

History Note:        Authority G.S. 113‑134; 113‑270.4;

Eff. February 1, 1976;

Repealed Eff. February 1, 1982.

 

15A NCAC 10B .0104      HUNTING AND TRAPPING IN VICINITY OF FLOOD OR FIRE

 

History Note:        Authority G.S. 113‑134; 113‑291.2;

Eff. February 1, 1976;

Repealed Eff. March 1, 1992.

 

15A NCAC 10B .0105      MIGRATORY GAME BIRDS

(a)  Cooperative State Rules:

(1)           The waters of the Atlantic Ocean, and those coastal waters south of US 64 that are separated by a distance of at least 800 yards of open water from any shore, island or marsh are designated as a special hunting area for the taking of sea ducks (scoter, eider, and long-tailed duck).

(2)           Tundra swans may be taken during the open season by permit only subject to annual limitations imposed by the U.S. Fish and Wildlife Service. Based upon the annual limitations imposed by the U.S. Fish and Wildlife Service, the Wildlife Resources Commission shall issue nontransferable swan permits to applicants who will be selected at random by computer. Only one swan shall be taken under each permit which shall be cancelled at the time of the kill by cutting out the month and day of the kill. Accompanying the permit is a tag which must be affixed to the swan at the time and place of the kill. The tag must be affixed in accordance with instructions provided with the permit. In addition, a preaddressed post-paid card is supplied to each permittee on which to report the number of days hunted and the details of the kill if made. Hunting swans without having the permit and the tag in possession or to possess a swan without the cancelled permit in possession and the tag affixed in accordance with instructions provided with the permit to the swan is prohibited. Possessing a swan permit or tag while hunting that was assigned to another person or to alter the permit or tag in any way other than cutting out the proper month and day of kill is prohibited.

(b)  Notwithstanding the provisions of G.S. 113-291.1(a) and (b), the following restrictions apply to the taking of migratory game birds:

(1)           No migratory game bird may be taken:

(A)          With a rifle;

(B)          With a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, to limit its total capacity to not more than three shells.

(C)          From or by the use of a sinkbox or any other type of low floating device affording the hunter a means of concealment beneath the surface of the water;

(D)          With the aid of bait, or on, over, or within 300 yards of any place where any grain, salt or other feed is exposed so as to constitute an attraction to migratory game birds or has been so exposed during any of the 10 consecutive days preceding the taking, except that this Part shall not apply to standing crops, flooded croplands, grain crops shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting;

(E)           With the aid of live decoys, or on, over or within 300 yards of any place where tame or captive migratory game birds are present, unless such birds are and have been for a period of 10 consecutive days prior to such taking confined within an enclosure which eliminates the audibility of their calls and totally conceals them from the sight of wild migratory game birds.

(2)           Crippled waterfowl may be taken from a motorboat under power in those areas described, delineated, and designated as special sea duck hunting areas in Subparagraph (a)(1) of this Rule.

(3)           In that area of Roanoke Sound adjacent to and immediately Northeast of Roanoke Island as marked by buoys designating the waterfowl rest area, it is unlawful to harass or take any waterfowl.

(4)           The area east of US 17 is designated as the September teal season zone.

(c)  For tundra swan and Canada goose seasons where a permit is required to hunt by Memorandum of Agreement with the U.S. Fish & Wildlife Service, hunter questionnaires shall be completed online at www.ncwildlife.org, or on the Commission-supplied, preaddressed, postage-paid cards. Questionnaires shall be completed by or postmarked no later than April 1 following the end of the applicable season.

(d)  Failure to return the questionnaire and any required animal parts, by this date shall make the individual ineligible to receive a permit as referenced in Paragraph (c) for the following applicable season.

 

History Note:        Authority G.S. 113‑134; 113‑274; 113‑291.1; 113-291.2; 50 C.F.R. 20.21; 50 C.F.R. 20.105;

Eff. February 1, 1976;

Amended Eff. July 1, 1995; April 1, 1992; February 1, 1990; September 1, 1989;

Temporary Amendment Eff. September 10, 1998;

Amended Eff. August 1, 2015; May 1, 2007; June 1, 2005; May 1, 2004; July 1, 2000;

Readopted Eff. August 1, 2022.

15A NCAC 10B .0106      WILDLIFE TAKEN FOR DEPREDATIONS

(a)  Depredation permits shall authorize the taking, destruction, transfer, removal, transplanting, or driving away of undesirable, destructive, or excess wildlife or wildlife resources as specified in this Rule.

(b)  Depredation permits shall not be required for the owner or lessee of a property to take wildlife while committing depredations to that property; however, the manner of take, disposition of dead wildlife, and reporting requirements specified in this Rule shall apply.

(c)  No permit shall be issued to take endangered or threatened species of wildlife listed under 15A NCAC 10I, except alligators, by reason of depredations to property. Only the Executive Director or his or her designee may issue depredation permits for Special Concern species listed in 15A NCAC 10I .0105 and for alligators.

(d)  An individual may take an endangered or threatened species in immediate defense of his or her own life or of the lives of others without a permit. Any endangered or threatened species that may constitute a demonstrable but non-immediate threat to human safety shall be reported to a state or Federal conservation Officer or employee who is designated by their agency, who, upon verification of the report, may take or remove the specimen as provided by 15A NCAC 10I .0102(c)(2).

(e)  No permit may be issued for the taking of migratory birds and other federally-protected animals unless a current Federal Depredation Order applies to a species or a corresponding, valid U.S. Fish and Wildlife Service depredation permit, if required, has been issued.

(f)  Depredation permits may be issued for taking of wildlife resources in circumstances of overabundance or when the wildlife resources present a danger to human safety. Cities, as defined in G.S. 160A-1(2), seeking a depredation permit pursuant to these circumstances shall submit to the Commission the following information:

(1)           the name and location of the city;

(2)           the acreage of the affected property;

(3)           a map of the affected property;

(4)           the signature of an authorized city representative;

(5)           the nature of the overabundance or the threat to public safety; and

(6)           a description of previous actions taken by the city to ameliorate the problem.

(g)  Depredation permits for other species may be issued for taking wildlife that is or has been damaging or destroying property, provided there is evidence of property damage.

(h)  Depredation Permits shall:

(1)           be prepared on a form supplied by the Commission;

(2)           only be issued by authorized employees of the Commission or licensed Wildlife Control Agents (WCA);

(3)           have an expiration date;

(4)           name the species allowed to be taken;

(5)           include limitations on age, sex, type of depredation, location of animal or damage, and local laws;

(6)           be issued to a landholder or an authorized representative of a unit of local government for depredations on public property;

(7)           be used only be individuals named on the permit;

(8)           authorize the possession of wildlife resources taken under the authority of the permit; and

(9)           be retained as long as the wildlife resource is in the authorized individual's possession.

(i)  Individuals taking wildlife resources under the authority of a depredation permit shall comply with the conditions of the permit and the requirements specified in this Rule.

(j)  The following shall apply to manner of take:

(1)           Wildlife taken without a permit while committing depredations to property may, during the open season for the species, be taken by the landholder by any lawful method. During the closed season, such depredating wildlife may be taken without a permit only by use of firearms or archery equipment as defined in 15A NCAC 10B .0116.

(2)           Wildlife taken under a depredation permit may be taken only by the method or methods authorized by the permit. When trapping is authorized, in order to limit the taking to the intended purpose, the permit may specify a reasonable distance from the property sought to be protected, within which the traps shall be set. The Executive Director, Commission employee, or WCA may also state in a permit authorizing trapping whether or not bait or lure may be used and the type of bait or lure that is authorized based upon factors such as type of depredation, locations of animal or damage, and local laws. In addition to any trapping restrictions that may be contained in the permit, the method of trapping shall be in accordance with the requirements and restrictions imposed by G.S. 113-291.6 and other local laws passed by the General Assembly. No depredation permit shall authorize the use of poisons or pesticides in taking wildlife except in accordance with the provisions of the North Carolina Pesticide Law of 1971, G.S. 143, Article 52, the Structural Pest Control Act of 1955, G.S. 106, Article 4C, and G.S. 113, Article 22A. No depredation permit shall authorize the taking of wildlife by any method by any landholder upon the lands of another except when the individual is listed as a second party on a depredation permit.

(3)           Any landholder, with or without a depredation permit, or second party on a depredation permit shall not intentionally wound a wild animal in a manner that will not cause its immediate death as suddenly and humanely as the circumstances permit.

(k)  The following shall apply to the disposition of wildlife taken:

(1)           Except as provided by Subparagraphs (2) through (7) of this Paragraph, any wildlife killed without a permit while committing depredations shall be buried or disposed of in a safe and sanitary manner on the property where taken. Wildlife killed under a depredation permit shall be buried or otherwise disposed of as stated on the permit.

(2)           Wildlife killed under a depredation permit may be transported to an alternate disposal site. Anyone in possession of carcasses of animals being transported under a depredation permit shall have a copy of the depredation permit in his or her possession.

(3)           The edible portions of feral swine and deer may be retained by landholder for consumption but shall not be transported from the property where the depredations took place without a valid depredation permit. The landholder may give a second party the edible portions of feral swine or deer taken under a depredation permit. The receiver of the edible portions shall hold a copy of the depredation permit. The nonedible portions of any deer carcass, including head, hide, feet, and antlers, shall be disposed of as specified in Subparagraph (1) or (2) of this Paragraph or turned over to a Commission employee for disposition.

(4)           Any fox killed under a depredation permit may be disposed of as described in Subparagraph (1) or (2) of this Paragraph or, upon compliance with the fur tagging requirements of 15A NCAC 10B Section .0400, the carcass or pelt may be sold to a licensed fur dealer.

(5)           The carcass or pelt of any furbearing animal killed during their open season for control of depredations to property, whether with or without a permit, may be sold to a licensed fur dealer provided that the person offering such carcass or pelt for sale has a valid hunting or trapping license. Bobcats and otters may only be sold upon compliance with any required fur tagging requirement set forth in 15A NCAC 10B .0400.

(6)           Wild animals in the order Carnivora, armadillos, groundhogs, nutria, and beaver shall be humanely euthanized either at the site of capture or at a facility designed to humanely handle the euthanasia, or such wild animals must be released on the property where captured with permission from the landholder. Feral swine shall be euthanized while still in the trap in accordance with G.S. 113-291.12. Animals transported or held for euthanasia shall be euthanized within 12 hours of possession. Anyone in possession of live animals being transported for relocation or euthanasia under a depredation permit shall have a copy of the depredation permit in his or her possession. When the relocation site is public property, written permission shall be obtained from the local, State, or federal official authorized to manage the property before any animal may be released.

(7)           The edible portions of bear may only be retained by the landholder for consumption but shall not be transported from the property where the depredations took place without a valid depredation permit. The landholder may give a second party the edible portions of a bear taken under a valid depredation permit. The receiver of the edible portions shall hold a copy of the depredation permit. The complete carcass of a bear taken without a depredation permit and nonedible portions of any bear carcass, including head, hide, feet, claws, and internal organs, from a bear taken under a valid depredation permit shall be disposed of as specified in Subparagraph (1) or (2) of this Paragraph or turned over to a Commission employee for disposition.

(l)  Any landholder who kills an alligator; coyote in the counties of Beaufort, Dare, Hyde, Tyrrell, or Washington; deer; Canada goose; bear; elk; or wild turkey under a valid depredation permit shall report the number and species of animal killed upon the expiration date of the depredation permit to the Wildlife Resources Commission on the form provided with the permit, or through the website link provided on the permit.

(m)  Any landholder shall report the killing and method of disposition of every alligator; coyote in the counties of Beaufort, Dare, Hyde, Tyrrell, and Washington; bear; or elk taken without a permit to the Wildlife Resources Commission within 24 hours following the killing.

(n)  Animal Control Officers, as defined by G.S. 130A-184(1) when in the performance of official duties, shall be exempt from obtaining a depredation permit when taking wild animals that:

(1)           exhibit visible signs of rabies;

(2)           exhibit unprovoked aggression that may be associated with rabies;

(3)           are suspected to be rabid; or

(4)           have or may have exposed humans, pets, or livestock to rabies.

 

History Note:        Authority G.S. 113-134; 113-273; 113-274; 113-291.4; 113-291.6; 113-300.1; 113-300.2; 113-307; 113-331; 113-333; 113-334(a); 113-337;

Eff. February 1, 1976;

Amended Eff. August 1, 2013; January 1, 2012; August 1, 2010; July 1, 2010; May 1, 2008; August 1, 2002; July 1, 1997; July 1, 1995; January 1, 1995; January 1, 1992; August 1, 1990;

Temporary Amendment Eff. August 1, 2014 and shall remain in effect until amendments expire as specified in G.S. 150B-21.1(d) or the United States District Court for the Eastern District of North Carolina's court order number 2:13-CV-60-BOs signed on May 13, 2014 is rescinded, whichever date is earlier. The court order is available at www.ncwildlife.org;

Temporary Amendment Eff. February 27, 2015;

Amended Eff. May 1, 2021; October 1, 2019; December 1, 2016; July 1, 2016; May 1, 2016;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0107      BLACK BEAR

It is unlawful to take or possess a female bear with a cub or cubs at its side, or to take or possess a cub bear, unless authorized by a valid captivity license, depredation permit, or scientific collection license issued by the Commission. For the purpose of this Rule, cub bear is defined as specified in G.S. 113-291.7(b).

 

History Note:        Authority G.S. 113‑134; 113‑291.2; 113‑291.7;

Eff. February 1, 1976;

Amended Eff. August 1, 2016; June 1, 2005; July 1, 1985;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0108      CHASING DEER BY DOGS IN CLOSED SEASON

 

History Note:        Authority G.S. 113‑134; 113‑291.5;

Eff. February 1, 1976;

Repealed Eff. February 1, 1982.

 

15A NCAC 10B .0109      CHASING DEER BY DOGS IN CERTAIN COUNTIES

(a)  Allowing dogs to run or chase deer or to attempt to take deer with dogs at any time in and west of the following counties or parts of counties is prohibited:

(1)           Alamance County south of I-85;

(2)           Anson County west of NC 742;

(3)           Chatham;

(4)           Guilford;

(5)           Lee;

(6)           Montgomery;

(7)           Orange County south of I-85;

(8)           Randolph;

(9)           Rockingham;

(10)         Stanly;

(11)         Union; and

(12)         Wake south of NC 98.

(b)  For counties and parts of counties east of those listed in Paragraph (a) of this Rule, local laws may restrict the taking of deer with dogs.

 

History Note:        Authority G.S. 113‑134; 113‑291.5;

Eff. February 1, 1976;

Amended Eff. July 1, 1999; July 1, 1991; August 1, 1980; August 1, 1978; August 1, 1977;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0110      ATTENDANCE OF TRAPS

 

History Note:        Authority G.S. 113‑134; 113‑291.6;

Eff. February 1, 1976;

Amended Eff. August 1, 2002; July 1, 1988;

Readopted Eff. August 1, 2021;

Repealed Eff. August 1, 2023.

 

15A NCAC 10B .0111      RESTRICTIONS ON RACCOON AND OPOSSUM HUNTING

 

History Note:        Authority G.S. 113‑134; 113‑291.1;

Eff. February 1, 1976;

Amended Eff. August 1, 1981; August 1, 1979; August 1, 1978; August 1, 1977;

Repealed Eff. August 1, 2022.

 

15A NCAC 10B .0112      BEAVER

 

History Note:        Authority G.S. 113‑134; 113‑291.1;

Eff. February 1, 1976;

Repealed Eff. July 1, 1988.

 

15a ncac 10B .0113      BIG GAME Harvest REPORTING

(a)  Definitions. The following definitions shall apply in this Rule:

(1)           "Authorization number" means the number or code issued by the Commission after big game harvest registration is completed, which shall serve as proof of registration and allow continued possession of the carcass.

(2)           "Big Game" means bear, wild turkey, and white-tailed deer, as defined in G.S. 113-129.

(3)           "Big Game Harvest Report Card" means the non-transferrable physical or electronic reporting card issued to an individual by the Commission as part of his or her big game license, where the hunter validates his or her big game harvest and records the authorization number.

(4)           "DMAP" means Deer Management Assistance Program as defined in G.S. 113-291.2(e).

(5)           "Field Dress" means the bleeding or removal of the digestive, respiratory, and circulatory organs.

(6)           "Validate" or "validation" means electronically recording a harvest on the mobile app, cutting or punching-out the day and month of the harvest on the Big Game Harvest Report Card or Bonus Antlerless Deer Harvest Report Card, or affixing a Commission-issued DMAP tag to a harvested animal.

(7)           "Register" or "Registration" means the process by which the big game harvest is reported to the Commission and an authorization number is issued by the Commission.

(8)           "Remote Area" means an area where cellular phone signal, internet access, and the mobile app are unavailable.

(9)           "Site of kill" or "site of harvest" means the location that a person takes possession of harvested big game.

(10)         "Successful hunter" means a person that has lawfully taken and reduced to possession a big game animal.

(11)         "Mobile app" means a unique Commission application that may be downloaded to a mobile device allowing successful hunters to validate and register a big game harvest.

(b)  An individual hunting big game animals, including license exempt individuals, shall have an electronic or paper version of the Big Game Harvest Report Card, Bonus Antlerless Deer Harvest Report Card, or DMAP tag pursuant to G.S. 113-291.2 on his or her person while hunting.

(c)  Validation. A successful hunter shall validate his or her Big Game Harvest Report Card or the Bonus Antlerless Deer Harvest Report Card or affix a Commission-issued DMAP tag before moving a big game animal from the site of kill.

(d)  Field Dressing. Harvested big game may be field dressed at the site of kill or before registration. Further processing that obscures the identification of the harvested animal's species, age, or sex shall be prohibited without a valid authorization number.

(e)  Registration. Harvested big game shall be registered via the Commission's mobile app, online at www.ncwildlife.org, by calling 1-800-446-8663, or as described in the DMAP license. Harvested big game shall be registered before the animal is:

(1)           skinned;

(2)           dismembered;

(3)           left unattended by the successful hunter; or

(4)           placed in the possession of another person.

Harvested big game animals that are not skinned, dismembered, left unattended by the successful hunter, or placed in the possession of another person shall be registered by 12:00 p.m. the day following the harvest.

(f)  Registration in Remote Areas. Big game harvested in remote areas shall be registered by 12:00 p.m. the day after leaving the remote area. Big game harvested in remote areas may:

(1)           be placed in the possession of another, if the person in possession of the big game has the successful hunter's name and date of kill on his or her person; and

(2)           be skinned and dismembered before registration, if the carcass cannot be transported intact.

(g)  Authorization number. Successful hunters using the paper Big Game Harvest Report Card or Bonus Antlerless Deer Harvest Report shall record the authorization number in the space provided for the harvested big game animal. Successful hunters using a Commission-issued DMAP tag shall record and maintain the authorization number as described in the DMAP license.

(h)  Unattended Harvests. Successful hunters that leave a harvested big game animal unattended or in the possession of another person shall identify the carcass by attaching the authorization number issued at the time of registration. Except as provided in Paragraph (f) of this Rule, a person that takes possession of a big game animal from a successful hunter shall retain the authorization number of that animal.

 

History Note:        Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291;

Eff. February 1, 1976;

Amended Eff. July 1, 1998; July 1, 1997; July 1, 1995; July 1, 1994; July 1, 1993; July 1, 1989;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2017; August 1, 2012; August 1, 2010; June 1, 2009; May 1, 2007; May 1, 2004; July 1, 2000;

Readopted Eff. August 1, 2020;

Amended Eff. September 1, 2023.

 

15A NCAC 10B .0114      DOG TRAINING AND FIELD TRIALS

(a)  For purposes of 15A NCAC 10B and 10D, the following definitions apply:

(1)           "Commission-sanctioned field trial" means a field trial that has been authorized by the Wildlife Resources Commission and for which a Field Trial Permit has been issued.

(2)           "Active participant" means an individual participating in a field trial who handles dogs or uses a firearm.

(3)           "Field Trial Permit" means the permit issued by the Wildlife Resources Commission that authorizes an individual to hold a commission-sanctioned field trial for dogs.

(b)  Individuals desiring to conduct a commission-sanctioned field trial shall obtain a Field Trial Permit from the Wildlife Resources Commission at www.ncwildlife.org or at the Commission headquarters located at 1751 Varsity Drive, Raleigh, NC 27606.

(c)  Individuals using wildlife to train or run dogs shall possess a North Carolina hunting license.

(d)  An individual who is serving as a judge of a commission-sanctioned field trial shall be exempt from any license requirements. An individual who is serving as a judge of a non-sanctioned field trial using wildlife shall possess a North Carolina hunting license.

(e)  Except as provided in Paragraph (f) of this Rule, the following license requirements shall apply to active participants in field trials:

(1)           North Carolina residents participating in any field trial that uses wildlife shall have a N.C. hunting license;

(2)           non-residents participating in a commission-sanctioned field trial that uses wildlife shall possess a N.C. hunting license or a hunting license from his or her state of residence; and

(3)           non-residents participating in other types of field trials that use wildlife shall possess a N.C. hunting license

(f)  Notwithstanding Paragraph (e) of this Rule, an individual without a license may participate in commission-sanctioned field trials for beagles conducted without firearms on private field trial areas that meet the fencing requirements specified in G.S. 113-276(k).

(g)  It shall be unlawful to carry axes, saws, or climbing irons while training or running dogs during any closed season for game animals.

(h)  The following conditions shall apply to commission-sanctioned field trials for retrievers or bird dogs:

(1)           shotguns containing live ammunition or firearms using only blank ammunition shall be prohibited unless specifically authorized by a Field Trial Permit;

(2)           no wild waterfowl, wild quail, or wild pheasant shall be used in field trials when shotguns with live ammunition are permitted;

(3)           only waterfowl, quail, or pheasants lawfully obtained from a licensed game bird propagator shall be authorized for use in field trials where shotguns with live ammunition are permitted.

(4)           waterfowl obtained from licensed game bird propagators for use in field trials when shotguns with live ammunition are authorized shall be marked by one of the methods specified in 50 CFR 21.45, including subsequent amendments and editions, found free of charge at www.ecfr.gov; and

(5)           pheasants or quail obtained from licensed game bird propagators for use in field trials where shotguns with live ammunition are authorized shall be banded by the propagator prior to delivery with a leg band that is imprinted with the number of his or her propagation license. The purchaser of the birds shall obtain a copy of the receipt from the propagator showing the date, number of birds purchased, propagator license number, and species of birds purchased. A copy of the receipt shall be available for inspection by representatives of the Wildlife Resources Commission during the time and at the place where the trial is being held.

(i)  The following conditions shall apply during the closed season for waterfowl and game birds when training dogs with domestically raised waterfowl and domestically raised game birds:

(1)           only shotguns with number four size shot or smaller shall be used;

(2)           nontoxic shot shall be used when training dogs using domestically raised waterfowl;

(3)           all domestically raised waterfowl shall be individually tagged on one leg with a seamless band stamped with the propagation license number of the facility from which the domestically raised waterfowl originated; and

(4)           all other domestically raised game birds shall be individually tagged on one leg with a band indicating the propagation license number of the facility from which the birds originated.

 

History Note:        Authority G.S. 113-134; 113-273; 113-276; 113-291.1; 113-291.5; 50 CFR 21.45;

Eff. February 1, 1976;

Amended Eff. May 1, 2015; January 1, 2013; January 1, 2012; May 1, 2006; July 1, 1995; July 1, 1994; July 1, 1991; May 1, 1990;

Readopted Eff. October 1, 2020;

Amended Eff. February 1, 2023.

 

15A NCAC 10B .0115      SHINING LIGHTS IN DEER AREAS

(a)  Intentionally shining a light upon a deer or sweeping a light in search of deer between the hours of 11:00 p.m. and one-half hour before sunrise is prohibited in the following counties:

(1)           Beaufort;

(2)           Bladen;

(3)           Brunswick;

(4)           Camden;

(5)           Chowan;

(6)           Currituck;

(7)           Duplin;

(8)           Franklin;

(9)           Gates;

(10)         Greene;

(11)         Hertford;

(12)         Hyde;

(13)         Jones;

(14)         Lenoir;

(15)         Martin;

(16)         Nash;

(17)         Pamlico;

(18)         Pasquotank;

(19)         Pender;

(20)         Perquimans;

(21)         Pitt;

(22)         Sampson;

(23)         Tyrrell;

(24)         Vance;

(25)         Wake;

(26)         Warren;

(27)         Washington; and

(28)         Wayne.

(b)  Intentionally shining a light upon a deer or sweeping a light in search of deer between the hours of one-half hour after sunset and one-half hour before sunrise is prohibited in the following counties or portions thereof:

(1)           Alamance;

(2)           Alexander;

(3)           Alleghany;

(4)           Anson;

(5)           Ashe;

(6)           Avery; ‑‑ that portion south and east of Highway 221;

(7)           Buncombe;

(8)           Burke;

(9)           Cabarrus;

(10)         Caswell;

(11)         Catawba;

(12)         Chatham;

(13)         Cherokee;

(14)         Clay;

(15)         Cleveland;

(16)         Cumberland;

(17)         Davidson;

(18)         Davie;

(19)         Durham;

(20)         Edgecombe;

(21)         Forsyth;

(22)         Gaston;

(23)         Granville;

(24)         Guilford;

(25)         Halifax;

(26)         Harnett;

(27)         Henderson;

(28)         Hoke;

(29)         Iredell;

(30)         Johnston;

(31)         Lee;

(32)         Lincoln;

(33)         Macon;

(34)         McDowell;

(35)         Mecklenburg;

(36)         Mitchell;

(37)         Montgomery;

(38)         Northampton;

(39)         Orange;

(40)         Person;

(41)         Polk;

(42)         Randolph;

(43)         Robeson;

(44)         Rockingham;

(45)         Rowan;

(46)         Rutherford;

(47)         Stanly;

(48)         Stokes;

(49)         Surry;

(50)         Swain;

(51)         Transylvania;

(52)         Union;

(53)         Watauga; and

(54)         Yancey.

(c)  Paragraphs (a) and (b) of this Rule shall not be construed to prevent:

(1)           the lawful hunting of raccoon or opossum during open season with artificial lights designed or commonly used in taking raccoon and opossum at night;

(2)           the necessary shining of lights by landholders on their own lands;

(3)           the shining of lights necessary to normal travel by motor vehicles on roads or highways; or

(4)           the use of lights by campers and others who are legitimately in areas specified in Paragraphs (a) and (b) for other reasons and who are not attempting to attract or to immobilize deer by the use of lights.

 

History Note:        Authority G.S. 113‑134; 113‑291.1; S.L. 1981, c. 410; S.L. 1981 (Second Session 1982), c. 1180;

Eff. November 11, 1979;

Amended Eff. July 18, 2002; April 1, 1997; July 1, 1996; November 1, 1995; March 1, 1995; July 1, 1994;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0116      PERMITTED ARCHERY EQUIPMENT

(a)  "Archery equipment" means any device that has a solid, stationary handle, two limbs, and a string, that uses non-pneumatic means to propel a single arrow or bolt and may be used to take game and nongame species.

(b)  When used for taking bear, deer, elk, wild turkey, alligator, and feral swine, longbows and recurved bows shall have a minimum pull of 40 pounds, compound bows having a minimum pull of 35 pounds, and crossbows shall have a minimum pull of 100 pounds.

(c)  Archery equipment utilizing an elastic string and having a minimum pull of 40 pounds may be used to take deer, wild turkey, small game animals, nongame animals, and nongame fish.

(d)  Only arrows and bolts with a fixed minimum broadhead width of seven-eighths of an inch or a mechanically opening broadhead with a width of at least seven-eighths of an inch in the open position shall be used for taking bear, deer, elk, wild turkey, alligator, and feral swine.

(e)  Blunt-type arrow heads may be used in taking small animals and birds including rabbits, squirrels, quail, grouse, and pheasants.

(f)  Poisonous, drugged, or explosive arrowheads shall not be used for taking any wildlife.

 

History Note:        Authority G.S. 113-134; 113-291.1(a);

Eff. September 1, 1980;

Amended Eff. August 1, 2014; August 1, 2012; July 10, 2010; May 1, 2007; August 1, 2002; July 1, 2000; July 1, 1998; July 1, 1996; August 1, 1990;

Readopted Eff. August 1, 2019;

Amended Eff. August 1, 2021.

 

15a ncac 10b .0117      REPLACEMENT COSTS OF WILDLIFE RESOURCES

 

History Note:        Authority G.S. 113‑134; 113‑267;

Eff. October 1, 1980;

Amended Eff. August 1, 2002; December 1, 1993; October 1, 1989.

Repealed Eff. October 1, 2022.

 

15A NCAC 10B .0118      SALE OF WILDLIFE

(a)  The carcasses, parts, or pelts of bobcats, opossums, and raccoon that have been lawfully taken and tagged in accordance with 15A NCAC 10B .0402 may be sold. The sale of carcasses or pelts of bobcats, opossums, and raccoon killed accidentally or taken by hunting for control of depredations shall be permitted under the conditions set forth in 15A NCAC 10B .0106 and 15A NCAC 10B .0127.

(b)  The sale of lawfully acquired game birds and game animals or their parts is prohibited, except that processed non-edible products may be sold except as otherwise provided in this Rule or by statute.

(c)  The dressed pelt or feathers of deer, elk, fox, pheasant, quail, rabbit, or fox and gray squirrel may be bought or sold for the purpose of making fishing flies provided that the source of these animals may be documented as being legally obtained from out of state sources or from lawfully operated commercial breeding facilities. The buying and selling of migratory game birds shall be in accordance with 50 CFR 20.91 which is incorporated by reference, including subsequent amendments and editions. This document may be accessed at www.ecfr.gov at no cost.

(d)  The Executive Director or his designee may issue Trophy Wildlife Sale permits as authorized in G.S. 113-274 for the sale of lawfully taken and possessed individual dead wildlife specimens or their parts that are mounted, stuffed, or otherwise permanently preserved that may be sold under G.S. 113-291.3. A copy of the permit shall be retained with the specimen.

(e)  Raw hides from any lawfully-taken or possessed white-tailed deer may be sold.

 

History Note:        Authority G.S. 113-134; 113-273; 113-274; 113-276.2; 113-291.3; 113-337; 50 CFR 20.91;

Eff. November 9, 1980;

Amended Eff. May 1, 2014; August 1, 2002; April 1, 1991; February 1, 1990;

Temporary Amendment Eff. February 27, 2015;

Temporary Amendment Expired Eff. December 11, 2015;

Amended Eff. May 1, 2016;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0119      WILDLIFE COLLECTORS

(a)  Wildlife Collection Licenses may be issued to qualified individuals to take any species of wildlife resources for the following purposes:

(1)           scientific collection;

(2)           educational collection; or

(3)           snapping turtle collection.

(b)  The following definitions shall apply to this Rule:

(1)           "Scientific Collection" shall mean collection for the purpose of conducting scientific research or survey.

(2)           "Educational Collection" means collection for the purpose of providing instruction, training, or information to the public.

(3)           "Snapping Turtle Collection" means collection of snapping turtles from the family Chelydridae for sale pursuant to 15A NCAC 10H .1301.

(4)           "Personal Use" means collection and holding, using as bait, or personal consumption of reptiles or amphibians.

(c)  The Commission shall consider the following qualifications when issuing a license:

(1)           prior research or educational experience in the same or similar field;

(2)           work with or for an educational institution;

(3)           type of study requested of license (permanent or catch and release);

(4)           current state and quantity of species requested;

(5)           collection methodology proposed; and

(6)           disposition of collection.

(d)  Individuals collecting and holding reptiles or amphibians for personal use shall not be required to obtain a Wildlife Collection License so long as the following conditions are met:

(1)           no more than 4 individuals of native reptile species or 24 individuals of any combination of amphibian species per person;

(2)           collected reptiles and amphibians shall not be bought or sold; and

(3)           no endangered, threatened, or special concern species shall be collected and retained.

(e)  Endangered, threatened, and special concern species may not be taken or collected except under an endangered species permit unless there is an open season for the species. If an open season exists for the species, then the appropriate hunting, fishing, or trapping license serves as the authorization for take.

(f)  Wildlife Collection licenses may be issued to any individual, so long as the take is not deemed harmful to the efficient conservation of the species to be collected or to other wildlife species that may be dependent thereon.

(g)  Individuals interested in obtaining a Wildlife Collection License shall apply by sending an application to 1701 Varsity Drive, Raleigh, NC 27606 or by completing and submitting an application online at www.ncwildlife.org. The application shall include:

(1)           name, address, date of birth, email, and driver's license number; and

(2)           species information.

(3)           Additional information required for scientific and educational collection shall include:

(A)          organizational affiliation, if any; and

(B)          full documentation of research or educational proposal(s) and Institutional Animal Care and Use Committee approval, if applicable.

(h)  Wildlife Collection Licenses shall be used in lieu of any other hunting or trapping license required by law and shall authorize possession and transportation of the wildlife incidental to the authorized taking. It shall not authorize the taking, possession, or transportation of any species of wildlife in violation of the Endangered Species Act, the Migratory Bird Treaty Act, The Bald and Golden Eagle Protection Act, or any other federal act to prohibit or restrict the possession and transportation of wildlife resources.

(i)  Wildlife Collection Licenses for snapping turtle collection shall only be available to North Carolina residents. The following conditions shall apply:

(1)           no more than 10 snapping turtles per person per day;

(2)           no more than 100 snapping turtles per person per calendar year;

(3)           turtles shall have a minimum curved carapace length of 13 inches; and

(4)           no more than 15 trapping devices per license. Devices shall be:

(A)          labeled with a waterproof tag that shows the licensee's name, WRC Customer Number, or Wildlife Collection License number;

(B)          hoop traps or other trap style that allows for the unharmed release of any nontarget species or snapping turtles less than 13 inches; and

(C)          checked daily per 15A NCAC 10B .0110.

(j)  Unless a more limited duration is designated on the license, Wildlife Collection Licenses shall be valid from January 1 through December 31 of the applicable year.

(k)  Licensed individuals shall submit the following information to the Wildlife Resources Commission within 15 days of license expiration depending on the species taken:

(1)           the numbers of each species taken under the license and the use or disposition thereof;

(2)           dates and location of the taking; and

(3)           sex, size, weight, condition, or approximate age of each specimen taken as specified on the license.

(l)  Wildlife Collections License shall not be transferable either by license holder or by site of a facility.

 

History Note:        Authority G.S. 113‑134; 113‑272.4;

Eff. January 1, 1981;

Amended Eff. August 1, 2017; January 1, 2013; May 1, 2009; May 1, 2008; April 1, 2001; February 1, 1994; November 1, 1990; September 1, 1989;

Readopted Eff. August 1, 2022.

 

15A NCAC 10B .0120      TAKING OF wildlife WITH HANDGUNS

Unless otherwise prohibited by law, handguns of any type may be used to take game, fur-bearing, and nongame birds and animals as defined in G.S. 113-129 during the established open season for take with firearms or trapping for each species. Ammunition of any type may be used unless otherwise prohibited by state or federal law.

 

History Note:        Authority G.S. 113-134; 113-291.1;

Eff. October 1, 1983;

Amended Eff. August 1, 2014; June 1, 2005.

Readopted Eff. October 1, 2022.

 

15a ncac 10b .0121      wild BIRD exceptions

The following wild birds are excluded from the definition of "wild birds" contained in G.S. 113-129(15a):

(1)           English sparrow (Passer domesticus);

(2)           Eurasian collared dove (Streptopelia decaocto);

(3)           pigeon (Columba livia);

(4)           mute swan (Cygnus olor); and

(5)           starling (Sturnus vulgaris).

 

History Note:        Authority G.S. 113-129; 113-134;

Eff. December 1, 1987;

Amended Eff. August 1, 2010; May 1, 2006; October 1, 2004;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0122      PROHIBITED HUNTING ON STATE FISH HATCHERIES

Possessing a loaded firearm within a posted restricted zone or discharging a firearm into or across a restricted zone on any State-owned fish hatchery is prohibited.

 

History Note:        Authority G.S. 113‑134; 113‑264;

Eff. September 1, 1989;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0123      limitations on CERTAIN Exotic SPECIES

(a)  Except as provided in this Rule, it shall be unlawful to import, transport, export, purchase, possess, sell, transfer, or release into public or private waters or lands of the State, any live specimen of:

(1)           Tongueless or African Clawed Frog (Xenopus spp.);

(2)           Brown Anole (Anolis sagrei);

(3)           Cuban Treefrog (Osteopilus septentrionalis);

(4)           Asian Newts (genera Cynops, Pachytriton, Paramesotriton, Laotriton, Tylototriton);

(5)           Red-eared Slider (Trachemys scripta elegans);

(6)           Argentine Black and White Tegu (Salvator merianae or Tupinambis merianae); or

(7)           Greenhouse Frog (Eleutherodactlyus planirostris).

(b)  The North Carolina Wildlife Resources Commission may by permit authorize importation, transportation, exportation, purchase, possession, sale, or transfer of any species in this Rule by the following entities, subject to the specified limitations:

(1)           Retail and Wholesale Establishments. Importation, possession, sale, transfer, transportation, and exportation of these species within North Carolina, by retail and wholesale establishments whose primary business is providing scientific supplies for research, shall be allowed by permit, provided the following conditions are met:

(A)          the application for a permit shall be in writing and include plans for holding, transportation, advertisement, and sale to allow a determination of the safeguards employed to prevent accidental escape and sales to unauthorized individuals;

(B)          in-State sale or transfer is allowed only to agencies, entities, and institutions listed in Subparagraph (2) of this Paragraph;

(C)          exportation shall comply with all applicable rules and regulations of the importing state;

(D)          all specimens shall be possessed in indoor facilities; and

(E)           transportation of specimens shall employ safeguards that prevent accidental escape.

(2)           Government Agencies and Research Institutions. Purchase, importation, possession, transfer, transportation, and exportation of these species within North Carolina shall be allowed by permitted State and federal governmental agencies, corporate research entities, and research institutions, provided the following conditions are met:

(A)          the application for a permit shall be in writing and include plans for holding, transportation, final disposition, and safeguards to prevent accidental escape;

(B)          exportation shall comply with all applicable rules and regulations of the importing state;

(C)          all specimens shall be possessed in indoor facilities;

(D)          transportation of specimens shall employ safeguards that prevent accidental escape; and

(E)           the agency's, entity's, or institution's Animal Use and Care Committee has approved the research protocol for these species.

(c)  Notwithstanding Paragraph (a) of this Rule, it shall be lawful for private individuals in possession of a live specimen of Red-eared Slider (Trachemys scripta elegans) prior to August 1, 2018, to retain, transport, transfer, or export the animal in their possession. Notwithstanding Paragraph (a) of this Rule, it shall be lawful for private individuals in possession of a live specimen Argentine Black and White Tegu (Salvator merianae and Tupinambis merianae) prior to August 1, 2022, to retain, transport, transfer, or export the animal in their possession.

(d)  Notwithstanding Paragraph (a) of this Rule, facilities open to the public for education may apply for a permit to collect, receive, and possess any of the species listed in Paragraph (a) of this Rule.

 

History Note:        Authority G.S. 113-134; 113-274; 113-292;

Eff. February 1, 1994;

Amended Eff. August 1, 2018; April 1, 1997;

Readopted Eff. August 1, 2022.

 

15A NCAC 10B .0124      IMPORTATION OF ANIMAL PARTS

(a)  It is unlawful to import, transport, or possess a cervid carcass or carcass part originating from outside of North Carolina except:

(1)           meat that has been boned out such that no pieces or fragments of bone remain;

(2)           caped hides with no part of the skull or spinal column attached;

(3)           antlers, antlers attached to cleaned skull plates, or skulls free from meat or brain tissue;

(4)           cleaned lower jawbones with teeth or cleaned teeth; or

(5)           finished taxidermy products and tanned hides.

(b)  Any cervid carcass, carcass part, or container of cervid meat or carcass parts listed in Subparagraph (a)(1) through (4) of this Rule shall be labeled or identified with the following information:

(1)           the individual's name and address;

(2)           the state, Canadian province, or foreign country of origin; and

(3)           the date the cervid was killed and the individual's hunting license number, permit number, or equivalent identification from the state, Canadian province, or foreign country of origin.

 

History Note:        Authority G.S. 113-291.2;

Eff. May 1, 2006;

Temporary Amendment Eff. August 1, 2018;

Amended Eff. August 1, 2019;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0125      RELEASE OF Mute Swans

(a)  Individuals shall not release mute swans (Cygnus olor) into the public waters of North Carolina.

(b)  Any individual who releases mute swan into privately controlled waters, possesses, or confines mute swans or any progeny of mute swans on their property, shall ensure that the animal has been pinioned.

(c)  For the purposes of this Rule, "privately controlled waters" means:

(1)           a body of water lying wholly upon a single tract of privately owned land or a body of water lying entirely within private property, even if that property is comprised of multiple tracts owned by one or multiple individuals; and

(2)           waters to which the public does not have access without permission of one or more of the private landowners surrounding the water(s).

 

History Note:        Authority G.S. 113-292(d);

Eff. July 1, 2008;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0126      STATE HUNTING LICENSE EXEMPTIONS

(a)  Any governmental or non-profit entity conducting an organized hunting event may obtain from the Executive Director or his designee, subject to the requirements in Paragraph (b) of this Rule, an exemption which allows all participants in the event to hunt without first obtaining hunting licenses, but the participants must:

(1)           comply with the hunter safety requirements of G.S. 113-270.1A or 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;

(2)           report all big game harvested as proscribed in Rule .0113 of this Section;

(3)           obtain a certificate of participation in federal Harvest Information Program, if hunting migratory game birds; and

(4)           obtain a federal Migratory Bird Hunting and Conservation Stamp, if the participant is 16 years of age or older and hunting waterfowl.

(b)  The governmental or non-profit entity requesting a state hunting license exemption shall apply using a form provided by the Commission and submit that form to the Chief of the Division of Wildlife Management not less than 21 days prior to the organized hunting event. A statement of purpose for the event must be attached to the completed form. The Executive Director or his designee shall deny any request with a statement of purpose that is inconsistent with the mission of the Wildlife Resources Commission or is for a purpose other than to promote hunting to youth, individuals with disabilities, novice hunters, or lapsed hunters.

(c)  The person in charge of the event must be on-site at all times and have a copy of the exemption available for inspection on request by Commission personnel. The exemption is limited to the immediate location of the event and shall remain in effect for the time period specified on the exemption.

 

History Note:        Authority G.S. 113-134; 113-270.2; 113-276; 113-276.1;

Eff. August 1, 2010;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0127      Possession of wildlife killed accidentally or found dead

(a)  Deer killed accidentally on a road by reason of collision with a motor vehicle may be possessed and transported if authorization is obtained from the law enforcement officer who investigates the accident. Possession and transport of the deer carcass for personal and lawful use, including delivery of the carcass to a second person for his or her private use or use by a charitable organization shall be authorized.

(b)  Commission employees may authorize possession and transport of deer and turkey killed accidently or found dead.

(c)  The following shall not be possessed or transported if killed accidentally or found dead unless written authorization is obtained from the Commission:

(1)           black bears; and

(2)           elk.

(d)  Species listed as endangered, threatened, or of special concern under 15A NCAC 10I .0103, .0104, and .0105 killed accidentally or found dead may be possessed or transported if an endangered species permit is obtained from the Commission.

(e)  Raptors and migratory birds killed accidentally or found dead may be possessed and transported under federal permits obtained from the U.S. Fish and Wildlife Service.

(f)  Other wildlife resources may be possessed and transported legally if killed accidentally or found dead.

(g)  The sale of wildlife resources or wildlife parts from an animal killed accidentally or found dead is prohibited, except that licensed trappers and hunters may sell the carcasses, parts, or pelt of any armadillo, beaver, coyote, groundhog, mink, muskrat, nutria, opossum, otter, raccoon, skunk, weasel, or bobcat to a licensed fur dealer if the dead furbearing animal was found during the open season for that species. Licensed trappers and hunters may also sell the carcasses, parts, or pelt of a fox to a licensed fur dealer if the dead fox was found during an open fox season and the county where the fox was found allows for the sale of fox carcasses, parts, and pelts. The tagging requirements set forth in 15A NCAC 10B .0400 apply.

 

History Note:        Authority G.S. 113-134; 113-274; 113-291.3; 113-291.4; 113-331; 113-333; 113-337;

Eff. January 1, 2013;

Readopted Eff. October 1, 2022;

Amended Eff. August 1, 2023.

 

section .0200 - HUNTING

 

15A NCAC 10B .0201      PROHIBITED TAKING AND MANNER OF TAKE

(a)  It is unlawful for any person to take, or have in possession, any wild animal or wild bird listed in this Section except during the open seasons and in accordance with the limits herein prescribed, or as prescribed by 15A NCAC 10B .0300 pertaining to trapping or 15A NCAC 10D applicable to game lands managed by the Wildlife Resources Commission, unless otherwise permitted by law.  Lawful seasons and bag limits for each species apply beginning with the first day of the listed season and continue through the last day of the listed season, with all dates being included.  When any hunting season ends on a January 1 that falls on a Sunday, that season shall be extended to Monday, January 2.

(b)  On Sundays, hunting on private lands shall be allowed under the following conditions:

(1)           archery equipment as described in 15A NCAC 10B .0116, falconry, and dogs where and when allowed the other days of the week are lawful methods of take, except as prohibited in G.S. 103-2:

(2)           firearms are lawful methods of take when used as described in G.S. 103-2; and

(3)           migratory game birds may not be taken.

(c)  On Sundays, hunting on public lands is allowed with the following restrictions:

(1)           only falconry and dogs used in conjunction with falconry are lawful methods of take; and

(2)           migratory game birds may not be taken.

These restrictions do not apply to military installations under the exclusive jurisdiction of the federal government.

(d)  Those animals not classified as game animals in G.S. 113-129(7c), and for which a season is set under this Section, may be taken during the hours and methods authorized for taking game animals.

(e)  Where local laws govern hunting, or are in conflict with this Subchapter, the local law shall prevail.

 

History Note:        Authority G.S. 103-2; 113-291.1(a); 113-134; 113-291.2; 113-291.3;

Eff. February 1, 1976;

Amended Eff. May 1, 2016; August 1, 2012; July 10, 2010; July 1, 1996; July 1, 1987.

 

15A NCAC 10B .0202      BEAR

(a)  Open Seasons for hunting bear shall be from the:

(1)           Monday on or nearest October 15 through the Saturday before Thanksgiving and the third Monday after Thanksgiving through January 1 in and west of Surry, Wilkes, Caldwell, Burke, and Cleveland counties;

(2)           second Monday in November through January 1 in Bladen, Brunswick, Carteret, Columbus, Cumberland, Duplin, New Hanover, Onslow, Pamlico, Pender, Robeson, and Sampson counties;

(3)           second Saturday in November through the second Sunday thereafter and the third Saturday after Thanksgiving through the fifth Sunday after Thanksgiving in Beaufort, Bertie, Craven, Hertford, Jones, Martin, and Washington counties;

(4)           second Saturday in November through the third Sunday thereafter and the third Saturday after Thanksgiving through the fifth Sunday after Thanksgiving in Dare, Hyde, and Tyrrell counties;

(5)           second Saturday in November through the second Sunday thereafter and the third Saturday after Thanksgiving through the fifth Sunday after Thanksgiving in Currituck, Gates, and Perquimans counties;

(6)           second Sunday in November through the following Sunday, when November 1 falls on a Sunday the season shall be from the third Sunday in November through the following Sunday, and the third Saturday after Thanksgiving through the fifth Sunday after Thanksgiving in Camden, Chowan, and Pasquotank counties;

(7)           third Saturday in November though the fifth Sunday thereafter in Edgecombe, Greene, Halifax, Lenoir, Nash, Northampton, Pitt, Wayne, and Wilson counties; and

(8)           concurrent with the open season for all lawful weapons for hunting deer as specified in 15A NCAC 10B .0203(a)(1) in Alamance, Alexander, Anson, Cabarrus, Caswell, Catawba, Chatham, Davie, Davidson, Durham, Franklin, Forsyth, Gaston, Granville, Guilford, Harnett, Hoke, Iredell, Johnston, Lee, Lincoln, Mecklenburg, Montgomery, Moore, Orange, Person, Randolph, Richmond, Rockingham, Rowan, Scotland, Stanly, Stokes, Union, Vance, Wake, Warren, and Yadkin counties.

(b)  Restrictions

(1)           For purposes of this Paragraph, "bait" means any natural, unprocessed food product that is a grain, fruit, nut, vegetable, or other material harvested from a plant crop that is not modified from its raw components.

(2)           Bears shall not be taken with the use or aid of:

(A)          any processed food product as defined in G.S. 113-294(r), any animal, animal part or product, salt, salt lick, honey, sugar, sugar-based material, syrups, candy, pastry, gum, candy block, oils, spices, peanut butter, or grease;

(B)          any extracts of substances identified in Part (A) of this Subparagraph;

(C)          any substances modified by substances identified in Part (A) of this Subparagraph, including any extracts of those substances; or

(D)          any bear bait attractant, including sprays, aerosols, scent balls, and scent powders.

(3)           Bears may be taken with the aid of bait from the Monday on or nearest October 15 to the Saturday before Thanksgiving in the counties in Subparagraph (a)(1) of this Rule.

(4)           Bears may be taken with the aid of bait during the entire open season in the counties identified in Subparagraphs (a)(2) through (a)(8) of this Rule.

(5)           Bears shall not be taken while in the act of consuming bait as specified in G.S. 113-291.1(b)(2).

(6)           Hunters shall not take bears using dogs in the following counties: Alamance south of Interstate 85, Anson west of N.C. Hwy 742, Cabarrus, Chatham, Davie, Davidson, Franklin, Forsyth, Gaston, Guilford, Lee, Lincoln, Mecklenburg, Montgomery, Orange south of Interstate 85, Randolph, Rockingham, Rowan, Stanly, Union, and Wake south of N.C. Hwy 98. In all other counties and parts of counties, hunters may take bears using dogs and may release dogs in the vicinity of bait.

(c)  No Open Season. It shall be unlawful to take bear on posted bear sanctuaries except when authorized by permit issued by the Commission. See 15A NCAC 10D .0106 for posted bear sanctuaries.

(d)  The daily bag limit for bear is one, the possession limit is one, and the season limit is one.

 

History Note:        Authority G.S. 113-134; 113-291.1; 113-291.2; 113-291.7; 113-305;

Eff. February 1, 1976;

Amended Eff. July 1, 1998; September 1, 1995; July 1, 1995; July 1, 1994; April 14, 1992;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. July 1, 2002;

Amendment Eff. August 1, 2002;

Temporary Amendment Eff. September 1, 2003;

Temporary Amendment Expired Eff. December 27, 2003;

Amended Eff. August 1, 2015; August 1, 2014; August 1, 2012; August 1, 2010; May 1, 2009; May 1, 2008; May 1, 2007; May 1, 2006; June 1, 2005;

Temporary Amendment Eff. May 31, 2016;

Amended Eff. August 1, 2018; August 1, 2017; August 1, 2016;

Temporary Amendment Eff. August 1, 2018;

Amended Eff. August 1, 2019;

Temporary Amendment Eff. September 1, 2020;

Amended Eff. August 1, 2021;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0203      WHITE-TAILED DEER

(a)  Open All Lawful Weapons Seasons for hunting deer:

(1)           Deer With Visible Antlers. Deer with antlers or spikes protruding through the skin, as distinguished from knobs or buttons covered by skin or velvet, may be taken during the following seasons, including on game lands unless otherwise specified in the rules of 15A NCAC 10D .0200.

(A)          Saturday on or nearest October 15 through January 1 in Beaufort, Bladen, Brunswick, Carteret, Columbus, Cumberland, Craven, Dare, Duplin, Harnett, Hoke, Hyde, Jones, Lenoir, Moore, New Hanover, Onslow, Pamlico, Pender, Richmond, Robeson, Sampson, Scotland, Tyrrell, and Washington counties. It is unlawful to hunt or kill deer in Lake Waccamaw or within 50 yards of its shoreline in Columbus County.

(B)          Saturday on or nearest October 15 through January 1 in Bertie, Camden, Chowan, Currituck, Edgecombe, Franklin, Gates, Greene, Halifax, Hertford, Johnston, Martin, Nash, Northampton, Pasquotank, Perquimans, Pitt, Vance, Wake, Warren, Wayne, and Wilson counties.

(C)          Saturday before Thanksgiving Day through January 1 in Alexander, Alleghany, Ashe, Catawba, Cleveland, Davie, Forsyth, Gaston, Iredell, Lincoln, Polk, Rutherford, Stokes, Surry, Watauga, Wilkes, and Yadkin counties.

(D)          Monday of Thanksgiving week through the third Saturday after Thanksgiving Day in Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania, and Yancey counties.

(E)           Two Saturdays before Thanksgiving Day through January 1 in Alamance, Anson, Cabarrus, Caswell, Chatham, Davidson, Durham, Granville, Guilford, Lee, Mecklenburg, Montgomery, Orange, Person, Randolph, Rockingham, Rowan, Stanly, and Union counties.

(F)           Saturday on or nearest September 10 through January 1 in the parts of Camden, Gates, and Pasquotank counties known as the Dismal Swamp National Wildlife Refuge; in the parts of Hyde, Tyrrell, and Washington counties known as the Pocosin Lakes National Wildlife Refuge; in the part of Hyde county known as Lake Mattamuskeet National Wildlife Refuge; in the parts of Dare and Hyde counties known as Alligator River National Wildlife Refuge; in the parts of Anson and Richmond counties known as the Pee Dee National Wildlife Refuge; and in the part of Currituck County known as the Mackay Island National Wildlife Refuge.

(2)           Antlered or Antlerless Deer. Except on Game Lands, antlered or antlerless deer may be taken during the open seasons and in the counties and portions of counties listed in Parts (A) through (H) of this Subparagraph. Antlered or antlerless deer may be taken the fourth Saturday in September in all counties by persons under the age of 18.

(A)          The open antlered or antlerless deer hunting dates established by the U.S. Fish and Wildlife Service from the Saturday on or nearest September 10 through January 1 in the parts of Camden, Gates, and Pasquotank counties known as the Dismal Swamp National Wildlife Refuge; in the parts of Hyde, Tyrrell, and Washington counties known as the Pocosin Lakes National Wildlife Refuge; in the parts of Anson and Richmond counties known as the Pee Dee National Wildlife Refuge; and in the parts of Currituck County known as the Currituck National Wildlife Refuge and the Mackay Island National Wildlife Refuge.

(B)          The open antlered or antlerless deer hunting dates established by the military commands at the military installations listed in this Paragraph, from Saturday on or nearest October 15 through January 1 in the part of Brunswick County known as the Sunny Point Military Ocean Terminal, in the part of Craven County known and marked as Cherry Point Marine Base, in the part of Onslow County known and marked as the Camp Lejeune Marine Base, on Fort Bragg Military Reservation, and on Camp Mackall Military Reservation.

(C)          Youth deer hunts. First Saturday in October for youth antlered or antlerless deer hunting by permit only on a portion of Belews Creek Steam Station in Stokes County designated by agents of the Commission; the third Saturday in October for youth antlered or antlerless deer hunting by permit only on Mountain Island State Forest in Lincoln and Gaston counties; and the second Saturday in November for youth antlered or antlerless deer hunting by permit only on a portion of Warrior Creek located on W. Kerr Scott Reservoir in Wilkes County designated by agents of the Commission. A youth is defined as a person under 18 years of age.

(D)          The first open Saturday of the Deer With Visible Antlers season described in Subparagraph (a)(1) of this Rule in Haywood and Transylvania counties; and in Buncombe and Henderson counties, except for the areas described in Subparts (a)(2)(H)(i) and (ii) of this Rule.

(E)           The first open day of the Deer With Visible Antlers season described in Subparagraph (a)(1) of this Rule through the first Saturday thereafter in Madison and McDowell counties.

(F)           The first open day of the season for Deer With Visible Antlers described in Subparagraph (a)(1) of this Rule through the second Saturday thereafter in Avery, Burke, Caldwell, Mitchell, and Yancey counties.

(G)          The first open day of the season for Deer With Visible Antlers described in Subparagraph (a)(1) of this Rule through the fourth Saturday thereafter in Cleveland, Polk, and Rutherford counties.

(H)          Open days of the season for Deer With Visible Antlers described in Subparagraph (a)(1) of this Rule in and east of Ashe, Watauga, Wilkes, Alexander, Catawba, Lincoln, and Gaston counties and in the following parts of counties:

(i)            The part of Buncombe County east of NC 191, south of the French Broad and Swannanoa Rivers, west of US 25, and north of NC 280; and

(ii)           The part of Henderson County east of NC 191 and north and west of NC 280.

(b)  Open Archery Seasons for hunting deer:

(1)           Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the bag limits set out in Paragraph (e) of this Rule, deer may be taken with archery equipment during the following seasons:

(A)          Saturday on or nearest September 10 through the day immediately preceding the first open day of the Blackpowder Firearms Season described in Subparagraph (c)(1) of this Rule; and the Sunday immediately following the closing of Blackpowder Firearms Season identified in Part (c)(1)(B) of this Rule to the Sunday before Thanksgiving in the counties and parts of counties having the open seasons for Deer With Visible Antlers specified by Part (a)(1)(D) of this Rule except on Buffalo Cove, Nicholson Creek, Rockfish Creek, Sandhills, and South Mountains Game Lands.

(B)          Sunday immediately following the closing of the open season for Deer With Visible Antlers through January 1 in the counties and parts of counties having the open season for Deer With Visible Antlers specified by Part (a)(1)(D) of this Rule.

(2)           Restrictions

(A)          In the areas of the State where the Commission regulates the use of dogs as provided in G.S. 113-291.5, dogs may not be used for hunting deer during the Archery Season, except a single dog on a leash may be used to retrieve a dead or wounded deer in accordance with G.S. 113-291.1(k).

(B)          Only archery equipment of the types authorized in 15A NCAC 10B .0116 for taking deer may be used during the Archery Season.

(C)          Antlered or antlerless deer may be taken during Archery Season specified by Part (b)(1)(A) of this Rule.

(D)          Only deer with visible antlers shall be taken during the Archery Season specified by Part (b)(1)(B) of this Rule.

(c)  Open Blackpowder Firearms Seasons for hunting deer:

(1)           Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer may be taken only with blackpowder firearms and archery equipment during the following seasons:

(A)          Two Saturdays preceding the first day of the open season for Deer with Visible Antlers described in Parts (a)(1)(A), (B), (C), (E), and (F) of this Rule through the second Friday thereafter except on Buffalo Cove, Nicholson Creek, Rockfish Creek, Sandhills, and South Mountains Game Lands.

(B)          Monday on or nearest October 1 through the second Saturday thereafter in the counties and parts of counties having the open seasons for Deer With Visible Antlers specified by Part (a)(1)(D) of this Rule.

(2)           Restrictions

(A)          Antlered or antlerless deer may be taken during Blackpowder Firearms Season in any county or county part set forth in Part (a)(2)(E), (F), (G), or (H) of this Rule that has one or more open days within the all lawful weapons season to legally harvest antlerless deer.

(B)          Antlered or antlerless deer may be taken during the first open day of the Blackpowder Firearms Season thru the first Saturday thereafter in any county or county part set forth in Part (a)(2)(D) of this Rule

(C)          Antlered or antlerless deer may be taken on the first open Saturday of the Blackpowder Firearms Season in any county or county part not set forth in Subparagraph (a)(2) of this Rule.

(D)          In the areas of the State where the Commission regulates the use of dogs as provided in G.S. 113-291.5, dogs shall not be used for hunting deer during the Blackpowder Firearms Season, except a single dog on a leash may be used to retrieve a dead or wounded deer in accordance with G.S. 113-291.1(k).

(3)           As used in this Rule, "blackpowder firearms" means any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899, that cannot use fixed ammunition; any replica of this type of firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; and any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading or cylinder-loading handgun that is designed to use blackpowder, blackpowder substitute, or any other propellant loaded through the muzzle, cylinder, or breech and that cannot use fixed ammunition.

(d)  Open Urban Season for hunting deer:

(1)           Authorization. Subject to the restrictions set out in Subparagraph (3) of this Paragraph and the bag limits set out in Paragraph (e) of this Rule, antlered or antlerless deer may be taken with archery equipment in participating cities in the State, as defined in G.S. 160A-1(2), from the second Saturday following January 1 through the sixth Sunday thereafter. Deer shall not be taken on game lands within a city boundary.

(2)           Participation. Cities that intend to participate in the Urban Season shall send a letter to that effect no later than April 1 of the year prior to the start of the Urban Season to the Executive Director or his designee at 1722 Mail Service Center, Raleigh, N.C. 27699-1700. Cities shall also submit a map of the city's boundaries within which the Urban Season shall apply.

(3)           Restrictions:

(A)          In the areas of the State where the Commission regulates the use of dogs as provided in G.S. 113-291.5, dogs shall not be used for hunting deer during the Urban Season except a single dog on a leash may be used to retrieve a dead or wounded deer in accordance with G.S. 113-291.1(k).

(B)          Only archery equipment of the types authorized in 15A NCAC 10B .0116 for taking deer shall be used during the Urban Season.

(e)  Bag limits. The possession and season limit is six deer, two that may be deer with visible antlers and four that may be antlerless deer. Antlerless deer include males with knobs or buttons covered by skin or velvet as distinguished from spikes protruding through the skin. A hunter may obtain multiple Bonus Antlerless Deer Harvest Report Cards from the Wildlife Resources Commission or any Wildlife Service Agent to allow the harvest of two additional antlerless deer per card for deer harvested during the season described in Paragraph (d) of this Rule within the boundaries of participating municipalities, except on State-owned game lands. Antlerless deer harvested and reported on the bonus antlerless harvest report card shall not count as part of the possession and season limit.

(f)  Deer Management Assistance Program. The bag limits described in Paragraph (e) of this Rule do not apply to deer harvested in areas covered in the Deer Management Assistance Program (DMAP) as described in G.S. 113-291.2(e) for those individuals using Commission-issued DMAP tags and reporting harvest as described on the DMAP license. Season bag limits shall be set by the number of DMAP tags issued and in the hunters' possession. All deer harvested under this program, regardless of the date of harvest, shall be tagged with DMAP tags and reported as instructed on the DMAP license. The hunter does not have to validate the Big Game Harvest Report Card provided with the hunting license for deer tagged with the DMAP tags. Any deer harvested on lands enrolled in the DMAP and not tagged with DMAP tags may only be harvested during the regularly established deer seasons subject to the restrictions of those seasons, including bag limits, and reported using the big game harvest report card or the bonus antlerless harvest report card.

 

History Note:        Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1; 113-291.2; 113-291.5;

Eff. February 1, 1976;

Amended Eff. July 1, 1998; July 1, 1997; July 1, 1996, July 1, 1995; December 1, 1994; July 1, 1994; July 1, 1993;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. July 1, 2002; July 1, 2001;

Amended Eff. August 1, 2002 (Approved by RRC on 06/21/01 and 04/18/02);

Temporary Amendment Eff. June 1, 2003;

Amended Eff. June 1, 2004 (this amendment replaces the amendment approved by RRC on July 17, 2003);

Amended Eff. August 1, 2021; August 1, 2020; August 1, 2018; August 1, 2017; August 1, 2016; August 1, 2015; August 1, 2014; August 1, 2013; August 1, 2012; August 1, 2011; July 10, 2010; June 1, 2008; May 1, 2007; May 1, 2006; June 1, 2005;

Readopted Eff. August 1, 2022;

Amended Eff. August 1, 2023.

 

15A NCAC 10B .0204      WILD BOAR (BOTH SEXES)

 

History Note:        Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.2;

Eff. February 1, 1976;

Amended Eff. May 1, 2009; May 1, 2007; July 1, 1999; July 1, 1995; July 1, 1993; July 1, 1987; July 1, 1986;

Repealed Eff. February 1, 2012.

 

15A NCAC 10B .0205      RACCOON AND OPOSSUM

(a)  The open season for taking raccoon and opossum is from sunrise Monday on or nearest October 15 through the last day of February.

(b)  Bag Limits:

(1)           The daily bag limit for raccoon is three and there are no season and no possession limits.

(2)           There is no restriction on bag limits for opossum.

(c)  Axes or saws shall not be carried when raccoon or opossum hunting.

 

History Note:        Authority G.S. 113‑134; 113‑291.2;

Eff. February 1, 1976;

Amended Eff. July 1, 1995; July 1, 1987; July 1, 1986; July 1, 1985;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. May 1, 2008; May 1, 2007; July 1, 2000;

Readopted Eff. August 1, 2022.

 

15A NCAC 10B .0206      SQUIRRELS

(a)  The open season for gray and red squirrels is the Monday on or closest to October 15 through the last day of February.

(b)  The open season for fox squirrels is the Monday on or nearest October 15 through January 31.

(c)  Except on game lands, gray squirrels may also be taken by hunting on the second Monday in May through the fourth Monday in May.

(d)  The daily bag limit for gray and red squirrels is eight in aggregate and there are no season or possession limits.

(e)  The daily bag limit for fox squirrels is one; the possession limit is two; and the season limit is 10.

 

History Note         Authority G.S. 113-134; 113-291.2;

Eff. February 1, 1976;

Amended Eff. August 1, 2022; August 1, 2013; August 1, 2010; May 1, 2009; May 1, 2008; May 1, 2006; July 1, 1995; July 1, 1987; July 1, 1986; July 1, 1985;

Readopted Eff. August 1, 2019;

Amended Eff. August 1, 2022.

 

15A NCAC 10B .0207      RABBITS

(a)  Rabbit Open Season: The open season for taking rabbits shall be from the Monday on or nearest October 15 through the last day of February.

(b)  Rabbit Bag Limits: The daily bag limit for rabbits is five and there are no season and no possession limits.

(c)  Rabbit Box-traps: During the hunting season specified in Paragraph (a) of this Rule and subject to the bag limits set forth in Paragraph (b) of this Rule, rabbits may be taken with box‑traps. A valid hunting license shall serve as a transportation permit for live rabbits taken pursuant to this Rule.

 

History Note:        Authority G.S. 113-134; 113-274; 113-291.1; 113-291.2;

Eff. February 1, 1976;

Amended Eff. July 1, 1987; July 1, 1986; July 1, 1985; July 1, 1984;

Temporary Amendment Eff. August 1, 1998;

Amended Eff. August 1, 2018; May 1, 2008; April 1, 1999;

Readopted Eff. August 1, 2019.

 

15A NCAC 10B .0208      QUAIL

(a)  The open season for quail is the Saturday before Thanksgiving through the last day of February.

(b)  The daily bag limit is six, the possession limit is 12, and there is no season limit.

 

History Note:        Authority G.S. 113‑134; 113‑291.2;

Eff. February 1, 1976;

Amended Eff. July 1, 1996; July 1, 1987; July 1, 1986; July 1, 1985; July 1, 1984;

Temporary Amendment Eff. July 1, 2001;

Amended Eff. July 18, 2002;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0209      WILD TURKEY

(a)  The open season for wild turkey is from the second Saturday in April through the fourth Saturday thereafter on bearded or male turkeys only.

(b)  The daily bag limit is one, the possession limit is two, and the season limit is two.

(c)  The use of dogs for hunting wild turkeys is prohibited.

(d)  The following shall apply to Spring Youth Only Wild Turkey Season:

(1)           the open season is from the first Saturday in April through the Friday thereafter on bearded or male wild turkeys only.

(2)           the season limit is one.

 

History Note:        Authority G.S. 113‑134; 113‑270.3; 113‑276.1; 113‑291.2; 113-291.5;

Eff. February 1, 1976;

Amended Eff. July 1, 1998; July 1, 1997; July 1, 1996; July 1, 1995; July 1, 1994; July 1, 1993; July 1, 1992;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. July 1, 2001;

Temporary Amendment Eff. July 1, 2002;

Amended Eff. August 1, 2002 (approved by RRC on 06/21/01 and 04/18/02);

Temporary Amendment Eff. June 1, 2003;

Amended Eff. June 1, 2004 (this amendment replaces the amendment approved by RRC on July 17, 2003);

Amended Eff. February 1, 2018; August 1, 2017; January 1, 2013; May 1, 2009; May 1, 2007; November 1, 2005;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0210      RUFFED GROUSE

(a)  The open season for taking ruffed grouse is the Monday on or nearest October 15 through the last day of February.

(b)  The daily bag limit is three, the possession limit is six, and the season limit is 30.

 

History Note:        Authority G.S. 113‑134; 113‑291.2;

Eff. February 1, 1976;

Amended Eff. July 1, 1987; July 1, 1986; July 1, 1985; July 1, 1984;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0211      Ring-Necked PHEASANT

(a)  The open season for taking ring-necked pheasant shall be the Saturday before Thanksgiving Day to February 1 on male pheasant only.

(b)  The daily bag limit for ring-necked pheasants is three, the possession limit is six, and the season limit is 30.

 

History Note:        Authority G.S. 113-134; 113-291.2;

Eff. February 1, 1976;

Amended Eff. August 1, 2018; July 1, 1987; July 1, 1986; July 1, 1985; July 1, 1984;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0212      FOXES (GRAY AND RED)

(a)  Foxes may be taken with weapons or traps the first through fourth Saturday in January in the following counties:

(1)           Caswell;

(2)           Clay;

(3)           Graham;

(4)           Henderson;

(5)           Macon; and

(6)           Tyrell.

(b)  The season for pursuing or taking foxes with dogs on Bladen Lakes State Forest Game Land is August 2 through February 14.

(c)  Foxes may be taken the Saturday before Thanksgiving Day through January 1 using archery equipment in all areas of the State east of Interstate Highway 77 and in Mitchell County.

(d)  For areas of open season detailed in Paragraphs (a) through (c) of this Rule, the daily limit is two; and the season limit is 10.

 

History Note:        Authority G.S. 113-134; 113-291.2; 113-291.4; 113-291.4A;

Eff. February 1, 1976;

Amended Eff. July 1, 1987; December 1, 1985;

Temporary Amendment Eff. November 1, 1989;

Amended Eff. July 1, 1994; May 1, 1990;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2018; May 1, 2009; July 1, 2000;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0213      GROUNDHOG

(a)  There is no closed season for groundhogs.

(b)  There is no bag limit.

 

History Note:        Authority G.S. 113‑134; 113‑291.2;

Eff. February 1, 1976;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0214      BOBCAT

(a)  The open season for hunting bobcat is the Monday on or nearest October 15 through the last day in February.

(b)  There is no bag limit.

 

History Note:        Authority G.S. 113‑134; 113‑291.2;

Eff. February 1, 1976;

Amended Eff. July 1, 1996; July 1, 1995; July 1, 1987; July 1, 1986; July 1, 1985;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0215      CROWS

(a)  Open seasons for hunting crows are as follows: Wednesday, Friday, and Saturday of each week from the first Wednesday in June through the last day of February and on the following holidays: July 4, Labor Day, Thanksgiving, Christmas, New Years, and Martin Luther King, Jr., except when those days occur on a Sunday.

(b)  There is no bag limit.

(c)  Hunters may use electronic calls to take crows.

 

History Note:        Authority G.S. 113-134; 113-291.1; 113-291.2; 50 C.F.R. 20.133;

Eff. February 1, 1976;

Amended Eff. May 1, 2009; May 1, 2006; June 1, 2005; July 1, 1991; July 1, 1987; July 1, 1984; July 1, 1983;

Temporary Amendment Eff. October 1, 2011;

Amended Eff. August 1, 2017; January 1, 2012;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0216      FALCONRY

(a)  The open seasons for the practice of falconry coincide with the regular open seasons for squirrel, rabbit, quail, ruffed grouse and pheasant, and with the open seasons set forth in the Code of Federal Regulations for migratory game birds in this State.

(b)  The daily bag, possession, and season limits in this Section for squirrel, rabbit, quail, ruffed grouse and pheasant and the daily bag, field possession, and total possession limits set forth in the Code of Federal Regulations for migratory game birds shall apply to falconry.

(c)  An extended falconry season on rabbits is the Monday on or nearest October 15 through the last day of February.

(d)  The daily bag limit for the extended season on rabbits is three, and the possession limit is six.

(e)  When any raptor being used in falconry kills any species of wildlife for which there is no open season or a species of game on which the season is then closed, the licensed falconer or person using the raptor shall not take the dead wildlife into his or her possession, but shall leave the game where it lies, except that the raptor may be allowed to feed on the dead wildlife before leaving the site of the kill. If the species killed is a species of game on which there is a season limit, the kill shall be included as part of the season limit of the licensed falconer.

(d)  After a falconer has acquired the daily bag, possession or season limit of any lawful species, regardless of the manner of taking, the falconer shall not release any raptor.

 

History Note:        Authority G.S. 113-134; 113-270.3(b)(4); 50 C.F.R. 21.28; 50 C.F.R. 21.29;

Eff. September 1, 1979;

Amended Eff. August 1, 2012; May 1, 2008; July 1, 1998;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0217      PISTOL SEASONS

 

History Note:        Authority G.S. 113‑134; 113‑291.1(g); 50 C.F.R. 20.133;

Eff. August 1, 1980;

Repealed Eff. October 1, 2022.

 

15A NCAC 10B .0218      LOCAL TURKEY SEASON CLOSED

 

History Note:        Temporary Adoption Eff. April 2, 1982;

Authority G.S. 113‑134; 113‑291.2; 150B‑13;

Repealed Eff. September 1, 1982.

 

15A NCAC 10B .0219      COYOTE

(a)  When taking coyotes, the following shall apply:

(1)           There is no closed season for taking coyotes.

(2)           There is no bag limit.

(2)           Coyotes may be taken on private lands anytime during the day or night.

(3)           Coyotes may be taken on public lands without a permit from the hours of one-half hour before sunrise until one-half hour after sunset.

(4)           Coyotes may be taken on public lands with a permit from one-half hour after sunset to one-half hour before sunrise.

(5)           Hunters may use electronic calls and artificial lights to take coyotes.

(b)  In the counties of Beaufort, Dare, Hyde, Tyrell, and Washington, the following shall apply:

(1)           Coyote hunting on public lands is prohibited, except that coyotes may be taken on State-owned game lands by the holder of a permit for a specific special hunt opportunity for coyotes authorized by G.S 113-264(d).

(2)           Any special hunt for coyotes pursuant to G.S. 113-264(d) shall only allow hunting from the hours of one-half hour before sunrise until one-half hour after sunset.

(3)           Contests or competition coyote hunts on public lands are prohibited.

(4)           If, within a calendar year, two or more red wolves are shot by one or more hunters with a valid special hunt permit for coyotes on State game lands within the five counties identified in this Paragraph, all special hunts for coyotes on State game lands within those five counties shall be suspended for one calendar year.

(5)           Coyotes may be taken on private lands by permit only, and any take shall be reported within 24 hours to the by phone at 919-707-0040 or online at www.ncwildlife.org.

(6)           There is no closed season for taking coyotes on private lands. Coyotes may be taken on private lands from hours of one-half hour before sunrise until one-half hour after sunset only.

(7)           Coyote hunting permits are in addition to hunting licenses. Individuals exempted from license requirements under the provisions specified in G.S. 113-276 shall acquire the coyote hunting permits to hunt coyotes in the counties specified in this Paragraph. Coyote hunting permits are valid for one calendar year and are subject to annual renewal. These permits are non-transferable. Permit holders shall submit their harvest reports in order to be eligible for permit renewal.

 

History Note:        Authority G.S. 113-134; 113-264; 113-291.1; 113-291.2;

Eff. July 1, 1993;

Temporary Amendment Eff. October 1, 2011;

Amended Eff. January 1, 2012;

Temporary Amendment Eff. August 1, 2014 and shall remain in effect until amendments expire as specified in G.S. 150B-21.1(d) or the United States District Court for the Eastern District of North Carolina's court order number 2:13-CV-60-BOs signed on May 13, 2014 is rescinded, whichever date is earlier. The court order is available at www.ncwildlife.org;

Amended Eff. July 26, 2013;

Temporary Amendment Eff. February 27, 2015;

Amended Eff. July 1, 2016;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0220      NUTRIA

(a)  There is no closed season for taking nutria by hunting.

(b)  There is no bag limit.

 

History Note:        Authority G.S. 113‑134; 113‑291.2; 113-291.1(a);

Eff. July 1, 1996;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0221      STRIPED SKUNK

(a)  There is no closed season for taking striped skunk by hunting.

(b)  There is no bag limit.

 

History Note:        Authority G.S. 113‑134; 113-291.1; 113‑291.2;

Eff. May 1, 2006;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0222      armadillo

(a)  There is no closed season for taking armadillo by hunting.

(b)  There is no bag limit.

 

History Note:        Authority G.S. 113-134; 113-291.1; 113-291.2;

Eff. August 1, 2010;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0223      Feral Swine

(a)  There is no closed season for taking feral swine on private lands anytime during the day or night.

(b)  Feral swine may be taken on game lands from the hours of one-half hour before sunrise until one-half hour after sunset during the open season for any game animal or game bird using any legal manner of take allowed during those seasons.

(c)  Feral swine may be taken on game lands from one-half hour after sunset to one-half hour before sunrise by permit only. Individuals may apply for permits on or after July 1 online at ncwildlife.org, by phone, or in person at a wildlife service agent location. The number of permits issued annually will be based on achieving population management objectives of the Commission. The Commission shall issue available feral swine permits to applicants selected at random by computer. Permits shall be non-transferrable. All applicable laws and rules regarding the taking of feral swine shall apply.

(d)  There are no bag limits on feral swine.

(e)  Hunters may use artificial lights and electronic calls.

 

History Note:        Authority G.S. 113-129; 113-134; 113-264; 113-291; 113-291.1; 113-291.2;

Temporary Adoption Eff. October 1, 2011;

Eff. February 1, 2012;

Temporary Amendment Eff. August 1, 2012;

Amended Eff. August 1, 2015; March 21, 2013;

Readopted Eff. October 1, 2022.

 

 

15A NCAC 10B .0224      AMERICAN ALLIGATOR

(a)  The season for taking American alligators shall be September 1 to October 1.

(b)  Take shall be by permit only.

(c)  The bag limit shall be one per permit and the season limit is one.

(d)  American alligators shall only be restrained using one of the following methods in accordance with the provisions of the permit:

(1)           a hand-held restraining line or catch pole;

(2)           a snatch hook attached to a hand-held restraining line or rod and reel;

(3)           a harpoon or gig attached to a hand-held restraining line;

(4)           a baited wooden peg less than two inches in length attached to a hand-held restraining line; or

(5)           archery equipment with an arrow-attached restraining line.

(e)  If a minimum size limit is applicable to the county or municipality for which the permit is issued, the authorized size limit and method(s) of restraint shall be specified on the permit.

(f)  American alligators restrained by any method specified in Paragraph (d) of this Rule shall be killed without delay upon capture except when a minimum size limit is specified on the permit. When a minimum size limit is specified on the permit, animals not meeting the minimum size limit shall be released immediately at the site of capture.

(g)  American alligators may be taken day or night and with the use of artificial lights.

(h)  The use of baited hooks is prohibited.

 

History Note:        Authority G.S. 113-134; 113-291.1; 113-291.2;

Eff. August 1, 2018;

Amended Eff. August 1, 2020.

 

15A NCAC 10B .0225      ELK

(a)  The season for taking elk is October 1 through November 1.

(b)  Hunting shall be by permit only.

(c)  The bag limit is one per permit.

(d)  Elk may be taken by any legal weapon as specified in G.S. 113-291.1.

 

History Note:        Authority G.S. 113-134; 113-291; 113-291.1; 113-291.2;

Eff. August 1, 2016;

Readopted Eff. February 1, 2022.

 

15A NCAC 10B .0226      BULLFROGS

(a)  The open seasons for taking of bullfrog, Rana catesbeiana, shall be as follows:

(1)           Except as provided in Subparagraph (a)(2) of this Rule, there shall be no closed season for taking bullfrogs.

(2)           On Wildlife Resources Commission Property, as defined in G.S. 113-129, bullfrogs may be taken from April 1 to August 31 with a valid license that entitles the licensee to access and use Wildlife Resources Commission Property.

(b)  Bag Limit: It shall be unlawful to take more than 24 bullfrogs in a 24-hour period that runs from 12 noon to 12 noon.

(c)  Artificial lights may be used to take bullfrogs.

 

History Note:        Authority G.S. 113-134; 113-291.1;

Eff. August 1, 2020.

 

15A NCAC 10B .0227      WILD QUAIL MANAGEMENT AREAS

(a)  A "Wild Quail Management Area" shall be land maintained to enhance enjoyment of sportsmen and support wild bobwhite quail conservation under signed agreement between the landowners and the Wildlife Resources Commission.

(b)  The following qualifications shall apply to all Wild Quail Management Areas:

(1)           At least 500 acres of contiguous land; and

(2)           A minimum of 225 acres or 15 percent of the land, whichever is greater, shall be maintained in year-round bobwhite quail habitat.

(c)  Wild bobwhite quail habitat shall be early successional habitat dominated by herbaceous vegetation or shrub cover consisting of a mixture of young saplings, shrubs, forbs, and woody plants typically less than ten feet tall with scattered open patches of grasses, wildflowers, and vines. Forest stands shall have a basal area no greater than 60 square feet per acre. Land managed and maintained primarily for human uses including but not limited to large lawns, golf courses, sod-forming pastures, production agriculture fields, monoculture hayfields, solar energy, or production timber stands shall not qualify as early successional habitat.

(d)  Landowners interested in establishing a Wild Quail Management Area shall contact the Commission as described on the Commission's website at www.ncwildlife.org.

(e)  The Commission and landowners shall sign an agreement that contains:

(1)           a list of the owners of land included in the Wild Quail Management Area;

(2)           county parcel identification information for each parcel to be included in the Wild Quail Management Area;

(3)           a scaled map of the Wild Quail Management Area with the areas to be maintained in year-round bobwhite quail habitat identified;

(4)           management practices to be used to maintain bobwhite quail habitat and populations; and

(5)           reporting requirements specific to the individual Wild Quail Management Areas, if applicable.

(f)  Property inspection:

(1)           a representative of the Commission shall inspect the potential properties prior to acceptance into the program to determine that the proposed land and habitat will qualify to become a Wild Quail Management Area; and

(2)           a representative of the Commission shall inspect Wild Quail Management Areas at least once every five years to determine that the requirements of the signed agreement and this rule are being met.

(g)  The following shall apply to Wild Quail Management Areas:

(1)           No domestically raised upland game birds shall be released on Wild Quail Management Areas.

(2)           The hunting of wild bobwhite quail shall only be permitted during the established seasons in 15A NCAC 10B .0208.

(3)           Supplemental feeding, if conducted, shall be for the primary purpose of ensuring that wild bobwhite quail populations remain stable during droughts or other periods of stressful environmental conditions. Supplemental feed shall:

(A)          be broadcast into quail habitat along a minimum linear distance of one mile per 100 acres of habitat at a rate of three bushels per mile;

(B)          be broadcast on a bi-weekly schedule during a minimum of five months per year;

(C)          be broadcast using a non-stationary spreader;

(D)          be only natural grains or seed; and

(E)           not be placed to attract birds to hunt.

(4)           Except for wild bobwhite quail on Wild Quail Management Areas, no wild birds shall be taken near or with the aid of supplemental feed.

(5)           Outside of the trapping season established in 15A NCAC 10B .0303, trapping for raccoon, striped skunk, armadillo, and opossum on Wild Quail Management Areas for nest predator control shall only be allowed using enclosed foot-hold traps with a one-way trigger or cage traps. Trapped raccoons, striped skunks, armadillos, and opossums may be euthanized or released at the trap site.

(6)           An annual report for the period of June 1 through May 31 shall be submitted to the Commission within 30 days of the end of the reporting period, and shall include the following:

(A)          number of days and hours wild bobwhite quail were hunted;

(B)          total annual harvest of wild bobwhite quail;

(C)          total number of coveys flushed;

(D)          supplemental feeding activities;

(E)           number of trap nights, number of animals trapped and their disposition or release, by species, for trapping activity conducted during trapping seasons established by 15A NCAC 10B .0303; and

(F)           number of trap nights, number of animals trapped and their disposition or release, by species, for trapping activity conducted outside of trapping seasons established by 15A NCAC 10B .0303.

 

History Note:        Authority G.S. 113-134; 113- 291.1;

Eff. August 1, 2021;

Amended Eff. August 1, 2023.

 

SECTION .0300 ‑ TRAPPING

 

15A NCAC 10B .0301      definitions

As used in this Section, the following definitions apply:

(1)           "Box trap", "corral trap", and "cage trap" are a device designed so that the animal enters the trap through a door that closes and is meant to prevent the animal from exiting.

(2)           "Breakaway device" means a device incorporated into a snare or snare component that allows the loop to break open, and an animal to escape completely free of the snare, when a specified amount of force is applied.

(3)           "Collarum™-type trap" means a power-activated snare that is activated when the trigger is pulled and that is designed to capture and restrain the animal by a cable around the neck.

(4)           "Conibear®", "Conibear®-type", and "bodygrip" traps are designed to catch an animal in a body hold resulting in a quick kill.

(5)           "Leghold" and "foothold" mean a trap designed to hold an animal by the foot.

(6)           "Loop stop" means a device that is attached to the snare cable to prevent the loop from closing beyond a specified point.

(7)           "Power-activated" means a snare on which the speed or direction of the loop closure is initiated or augmented by a powering device like a spring.

(8)           "Relaxing lock" means a snare lock that allows the snare loop to release constriction pressure on the captured animal when the cable is not taut.

(9)           "Snare" means a cable restraining device.

(10)         "Steel-jaw" means a leghold or foothold trap in which the jaws are made of metal.

 

History Note:        Authority G.S. 113‑134; 113‑291.1; 113-291.6;

Eff. January 1, 2011;

Readopted Eff. February 1, 2022;

Amended Eff. August 1, 2023.

 

15A NCAC 10B .0302      PROHIBITED TAKING

No person shall trap, take, or possess any armadillo, beaver, coyote, groundhog, mink, muskrat, nutria, opossum, otter, raccoon, skunk, weasel or bobcat, except:

(1)           during the open trapping seasons for that species and in accordance with the bag limits set forth in Rule .0303 of this Section; or

(2)           during the open hunting seasons for that species and within the bag limits prescribed for the species in Section .0200 of this Subchapter.

 

History Note:        Authority G.S. 113‑134; 113‑291.1; 113‑291.2;

Eff. February 1, 1976;

Amended Eff. August 1, 1977;

Recodified from Rule 10B .0301 Eff. January 1, 2011;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0303      OPEN SEASONS

(a)  The open season for the taking by trapping of fur-bearing animals as those animals are defined in G.S. 113-129(7a), as well as the taking by trapping of coyotes, armadillos, and groundhogs, shall be October 1 through the last day of February, subject to the following:

(1)           trapping coyotes shall also be allowed during local fox trapping seasons and in accordance with methods described by local law in counties that have established fox trapping seasons by law outside the regular trapping season described in Paragraph (a); and

(2)           there is no closed trapping season for nutria east of I-77.

(b)  Feral Swine. There is no closed season for trapping feral swine, subject to the following restrictions:

(1)           in addition to a hunting or trapping license, a permit issued by the Wildlife Resources Commission is required to trap feral swine. Individuals exempted from license requirements under the provisions of G.S. 113-276 may trap feral swine without a hunting or trapping license, but must also acquire the permit. Individuals may obtain a permit free of charge online at ncwildlife.org by indicating the county where trapping will occur.

(2)           feral swine may be live-trapped using only corral or box traps. Corral and box traps must be constructed so that a non-target animal may be released or can escape without harm. The permit number must be displayed on the traps; and

(3)           feral swine shall be euthanized while in the trap and may not be removed from the trap alive.

 

History Note:        Authority G.S. 113-134; 113-291.1; 113-291.2; 113-291.12;

Eff. February 1, 1976;

Amended Eff. July 1, 1996; July 1, 1984; July 1, 1983; August 1, 1982; August 1, 1981;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. August 1, 2010; May 1, 2009; November 1, 2008; May 1, 2008; May 1, 2007; May 1, 2006; June 1, 2005; August 1, 2004;

Recodified from Rule 10B .0302 Eff. January 1, 2011;

Temporary Amendment Eff. December 29, 2011;

Amended Eff. November 1, 2012;

Readopted Eff. August 1, 2019;

Amended Eff. August 1, 2023.

 

15A NCAC 10B .0304      BAG LIMITS

There are no bag limits on fur-bearing animals as defined in G.S. 113-129(7a), armadillos, coyotes, groundhogs, and feral swine, except where local laws govern trapping, or conflict with this Rule.

 

History Note:        Authority G.S. 113-134; 113-291.2;

Eff. August 1, 1977;

Amended Eff. May 1, 2009; May 1, 2008; June 1, 2005; July 1, 1996; July 1, 1984;

Recodified from Rule 10B .0303 Eff. January 1, 2011;

Temporary Amendment Eff. December 29, 2011;

Amended Eff. November 1, 2012;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0305      TRAPS

(a)  A foothold, steel-jaw, or leghold trap set on dry land with a solid anchor shall not have a chain longer than eight inches unless the chain is fitted with a shock-absorbing device with at least 40 pounds and no more than 75 pounds of pressure to stretch or compress the device.

(b)  A Collarum™-type trap shall:

(1)           have a cable that is 3/16 inch in diameter, a loop stop with a minimum loop diameter of three inches, a relaxing lock, and a breakaway device that has been tested to break or disassemble at no more than 285 pounds of pull;

(2)           have a set capture loop no less than 10 inches and no greater than 12 inches in diameter;

(3)           be equipped with at least one swivel device between the loop and the anchor;

(4)           be staked in a manner that does not allow the animal or the restraint device to reach any part of a fence or reach rooted, woody vegetation greater than one-half inch in diameter;

(5)           not be set using a drag; and

(6)           not be used with a kill pole.

 

History Note:        Authority G.S. 113‑134; 113‑291.6;

Eff. May 1, 2007;

Recodified from Rule 10B .0304 Eff. January 1, 2011;

Amended Eff. January 1, 2011;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0306      ATTENDANCE AND TAGGING OF TRAPS

(a)  Traps shall be visited daily and animals caught shall be removed, except for completely submerged Conibear®-type, Conibear®, or bodygrip traps which shall be visited once per 72 hours and animals caught shall be removed.

(b)  Steel-jaw, leghold, Conibear®, Conibear®-type traps, Collarum™-type traps, snares, box traps, and cage traps must have a weather-resistant permanent tag attached legibly giving the trapper's name and 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. Box traps for rabbits shall have a weather-resistant permanent tag attached legibly giving the hunter's name and address or the hunter's Wildlife Resources Commission customer number and the Wildlife Resources Commission's telephone number to report wildlife violations.

(c)  Remote trap checking systems may be used in lieu of visiting the trap, provided the system has the following features:

(1)           a control unit that monitors the trap in real-time and reports trap status and unit status to a centralized application database a minimum of once every two hours;

(2)           a software application that notifies the user of unit status, trap activity, and system health issues within 10 minutes of these events via email, text-based messaging systems, or an in-application notification; and

(3)           an on-demand test procedure that is used at deployment of a unit to confirm that the unit is placed in a location where its wireless communication can be received and processed.

(d)  If the remote trap checking system control unit reports a trap closure, the trap shall be physically visited within 24 hours of the time the trap was reported closed.

(e)  If a remote trap checking system control unit fails to report its status after a 12-hour period, or reports a system health issue, the trap shall be physically visited within 24 hours of the last time a status report was sent.

(f)  Remote trap checking system users shall maintain records of trap status and notification alarms for a minimum of seven days after receipt. Records shall be made available for inspection upon request by a representative of the Commission.

 

History Note:        Authority G.S. 113-134; 113-291.1; 113-291.2; 113-291.12;

Eff. August 1, 2023.

 

SECTION .0400 ‑ TAGGING FURS

 

15A NCAC 10B .0401      DEFINITIONS

As used in this Section, the following definitions shall apply:

(1)           "Affix", when used in reference to attachment of a fur tag to the carcass or pelt of an animal, means permanent attachment of the tag through some portion of the carcass or pelt in a manner that is not removable without damage to the tag.

(2)           "Carcass" means the dead body of an animal from which the pelt has not been removed;

(3)           "Fur dealer" means any person who is licensed under the provisions of G.S. 113-273(f).

(4)           "Pelt" means the fur, hide, or skin of an animal which has been removed from the carcass, but does not include a finished product which has been manufactured from such fur, hide, or skin or is in the active process of such manufacture.

(5)           "Person" means any individual, firm, corporation, or association which is authorized by law to act as an entity.

(6)           "Parts" means any part or portion from the dead body of an animal, including the meat, glands, urine, skull, and dead body of the animal without the pelt.

 

History Note:        Authority G.S. 113‑129; 113‑134; 113‑273; 113‑291.4;

Eff. November 14, 1978;

Amended Eff. January 1, 1992; August 1, 1981; October 1, 1980;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0402      TAGGING FURS

(a)  Except as provided in Rule .0404 and .0405 of this Section, buying, selling, bartering, trading, or otherwise transferring possession or ownership of the carcass or pelt of any bobcat, otter, or fox without having affixed to such carcass or pelt an individual tag provided by the North Carolina Wildlife Resources Commission is prohibited.

(b)  Importing into this State the carcass or pelt of any otter or bobcat that has not been previously affixed with a tag required and supplied by the state where the animal was taken shall be prohibited.

(c)  Foxes shall be tagged in accordance with G.S. 113-291.4.

(d)  The carcasses or pelts of foxes lawfully taken and lawfully tagged may be sold, except those taken under a depredation permit in any county where the sale of foxes or parts thereof is prohibited by local law.

 

History Note:        Authority G.S. 113-134; 113-273; 113-276.1; 50 C.F.R. 23;

Eff. November 14, 1978;

Amended Eff. August 1, 2010; August 1, 2004; January 1, 1992; October 11, 1980; October 1, 1980;

Readopted Eff. August 1, 2022.

 

15a ncac 10b .0403      APPLICATION FOR TAGS

(a)  Fur tags shall be issued free of charge, excluding postage if applicable, by applying in person at 1751 Varsity Dr., Raleigh, NC 27606, over the phone, or by completing and submitting a request form to the Commission online at www.ncwildlife.org.

(b)  Fur tag requests shall include the following applicant information:

(1)           name;

(2)           date of birth;

(3)           physical address;

(4)           type and quantity of tags requested; and

(5)           telephone number, email address, and WRC Customer number, as applicable.

(c)  The following restrictions shall apply to fur tags:

(1)           no more than 50 bobcat tags shall be issued per request;

(2)           no more than 150 otter tags shall be issued per request; and

(3)           fox tags may be limited in accordance with area, bag, possession, or season limits.

 

History Note:        Authority G.S. 113‑134; 113‑273; 113‑276.1; 113‑291.4;

Eff. November 14, 1978;

Amended Eff. April 1, 2003; January 1, 1992; August 1, 1988; July 1, 1988; July 1, 1984;

Readopted Eff. August 1, 2022.

 

15A NCAC 10B .0404      TAGGING

(a)  Every fox taken in an area of open season as provided by G.S. 113-291.4 shall be tagged at the scene of taking.

(b)  Every person taking any bobcat or otter in this State, or any foxes under a depredation permit, general statute, rule, or local law that permits taking, shall obtain and affix the appropriate tag to the carcass or pelt before selling, transferring, or transporting within or outside the State, except that:

(1)           A person may transport the same from the place of taking to his North Carolina residence and from his North Carolina residence to a fur tag agent or taxidermist's place of business.

(2)           A person may transport the same from the place of taking to the nearest place in this State where the appropriate tag may be obtained.

(3)           The carcass, pelt, or mounted specimen is exempt from tagging requirements while in the taxidermist's place of business or after the mount is completed.

(4)           A licensed trapper may take live foxes during any legal trapping season, except foxes taken under G.S. 113-291.4(f) and (f1), without tagging them and sell them to a licensed controlled hunting preserve for fox in accordance with G.S. 113-273(g).

(5)           A licensed taxidermist may ship the same to a tannery for processing.

(c)  Carcasses and pelts of bobcats, otters, and foxes taken within this State shall not be removed from the state without an appropriate fur tag affixed thereto, except a licensed taxidermist may ship the same to a tannery for processing. When the U.S. Fish and Wildlife Service repeals its tagging requirements for otter and bobcat this Paragraph shall apply only to tagging foxes.

(d)  Where the taking of foxes with weapons or traps and the sale thereof is authorized by local legislation, except foxes taken by licensed trappers who live-trap for sale during any open season, the hunter or trapper taking the fox shall, in the absence of a specific provision to the contrary, obtain and affix the carcass or pelt with an appropriate tag before selling or transferring to any other person, or transporting the same for any purpose than as authorized by Paragraph (a) of this Rule.

 

History Note:        Authority G.S. 113-134; 113-276.1; 113-291.4; S.L. 1985, chs. 108, 179, 180, 664 and 722;

Eff. November 14, 1978;

Amended Eff. August 1, 2015; August 1, 2010; July 10, 2010; May 1, 2008; July 1, 1994; January 1, 1992; December 1, 1985; October 1, 1980;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0405      FUR DEALERS

(a)  Any individual wanting to engage in the business of buying or selling fur-bearing animals or other wild animals that may lawfully be sold, as specified in G.S. 113-273(f), shall first obtain a fur dealer license from the Commission.

(b)  Application for a fur dealer license shall be made online at www.ncwildlife.org or at the Commission headquarters located at 1751 Varsity Drive, Raleigh, NC 27606. Information required from the applicant shall include:

(1)           the applicant's name, address, telephone number, date of birth; and

(2)           a list of all employees to be covered under the license.

(c)  The fur dealer license shall not be transferable.

(d)  Any individual working on behalf of the licensed fur dealer shall have a copy of the fur dealer's current license.

(e)  It is unlawful for any fur dealer, or person acting on his or her behalf, to import, buy, or accept delivery of a carcass or pelt of any fur-bearing animal or other wild animal from a source located in any other state that has not been affixed with a tag in accordance with the tagging requirements of the state from which the animal was taken, unless documentation of the date and hour of the arrival of such carcass or pelt at the fur dealer's place of business is available for inspection.

(f)  Imported carcasses and pelts shall not be resold or removed from a fur dealer's place of business without having been tagged as required by Paragraph (e) of this Rule.

(g)  Except as provided by Paragraph (e) of this Rule, it is unlawful for any licensed fur dealer to have in his or her possession the carcass or pelt of any bobcat, otter, or fox which has not been affixed with a fur tag provided by the Commission unless the fox was taken from a county exempt from fox tagging requirements.

(h)  Licensed fur dealers shall maintain records of all acquisitions of carcasses and pelts of beaver, bobcat, coyote, mink, muskrat, nutria, opossum, otter, raccoon, striped skunk, spotted skunk, weasel, and foxes. Such records shall consist of receipts, copies of receipts, or other written evidence of the transactions showing the sources and numbers of acquisition.

(i)  Monthly reports shall be submitted to the Commission on or before the 15th day of the succeeding month on forms supplied by the Commission at www.ncwildlife.org or at the Commission headquarters located at 1751 Varsity Drive, Raleigh, NC 27606-2576. Reports shall include the following:

(1)           all acquisitions of carcasses and pelts, except those which have been acquired from and reported by other fur dealers licensed by the State;

(2)           all acquisitions made during each month beginning with October and ending with March of the following year;

(3)           distinguishment between acquisitions made within the State and those made from outside the State; and

(4)           counties in which the animals were taken if within the State.

In the case of nonresident fur dealers licensed to do business in this State, the records and reports required by this Paragraph apply only to carcasses or pelts of animals acquired from within this State, and no reports are required from nonresident fur dealers who acquire pelts only from other fur dealers licensed in the State.

(j)  The records required by Paragraph (i) of this Rule and the inventory of carcasses and pelts on hand shall be made available for inspection by representatives of the Commission upon request or during the fur dealer's business hours.

 

History Note:        Authority G.S. 113-129; 113-134; 113-273; 113-291.3; 113-291.4; 50 C.F.R. 23; 87 Stat. 884;

Eff. November 14, 1978;

Amended Eff. August 1, 2010; January 1, 1992; December 1, 1981; August 1, 1981; February 2, 1981;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0406      MISUSE OF TAGS

(a)  Fur tags shall only be affixed to the carcass or pelt of the species of animal for which their use is authorized.

(b)  It is unlawful to buy or sell any bobcat, otter, or fox carcass or pelt that has an unauthorized tag affixed.

(c)  Unused fox tags shall not be sold or transferred to any other person.

(d)  Unused fur tags shall not be sold for a price greater than the fee listed for such tag in Rule .0403(c) of this Section.

(e)  Fur tags shall not be reused or removed from the pelt to which they are affixed prior to delivery to a manufacturer or fur processor.

(f)  Fur tags shall not be counterfeit or modified.

 

History Note:        Authority G.S. 113-134; 113-135; 113-135.1; 113-273; 113-276.1; 113-291.4;

Eff. November 14, 1978;

Amended Eff. August 1, 2017; August 1, 2010; January 1, 1992; December 1, 1981; October 1, 1980;

Readopted Eff. October 1, 2022.

 

15A NCAC 10B .0407      REVOCATION AND NONRENEWAL OF LICENSES

 

History Note:        Authority G.S. 113‑134; 113‑276.2; 113‑276.3; 113‑277;

Eff. October 1, 1980;

Repealed Eff. July 1, 1988.

 

15A NCAC 10B .0408      FOX DEALER PERMIT

 

History Note:        Authority G.S. 113‑134; 113‑274; 113‑291.3; 113‑291.4;

Eff. November 1, 1982;

Repealed Eff. July 1, 1988.

 

15A NCAC 10B .0409      SALE OF LIVE FOXES AND COYOTES TO CONTROLLED FOX HUNTING PRESERVES

(a)  In counties with a trapping season for foxes and coyotes that do not prohibit live sale, licensed trappers may, subject to the restrictions on taking foxes in G.S.113- 291.4, live‑trap foxes and coyotes during that season and sell them to licensed controlled fox hunting preserves in accordance with the conditions set forth in this Rule.

(b) Licensed trappers are exempt from captivity permit and captivity license requirements for any live‑trapped foxes or coyotes trapped for the purpose of sale to controlled fox hunting preserves. This exemption shall apply during the trapping season for foxes and coyotes, and for no more than 30 days after the trapping season.

(c)  Live-trapped foxes and coyotes shall not be held for more than 30 days after capture.

(d)  Licensed trappers shall provide drinking water, food of a type and quantity appropriate for the species, and shelter that protects the foxes and coyotes from direct sunlight and precipitation.

(e) Licensed trappers shall be exempt from tagging requirements set forth in this Section so long as the foxes are kept alive.

(f)  Licensed trappers and any individual(s) transporting live foxes and coyotes shall have a current and valid transportation permit prior to taking possession of the live foxes and coyotes.

(g)  Licensed trappers shall keep accurate written records, on a form provided by the Commission online at www.ncwildlife.org, for each fox or coyote sold or transferred to a controlled fox hunting preserve. Records shall contain the following information:

(1)           preserve operator license number, if applicable;

(2)           transportation permit number;

(3)           county of origin;

(4)           number of animals of each species;

(5)           date of capture; and

(6)           date of sale or transfer.

(h)  Records required pursuant to this Rule shall be:

(1)           available for inspection by representatives of the Commission upon request;

(2)           submitted to and received by the Commission annually by May 1; and

(3)           retained by the licensed trapper for 12 months following transportation permit expiration.

 

History Note:        Authority G.S. 113‑134; 113‑273(g);113‑291.4;

Eff. January 1, 1992;

Amended Eff. July 10, 2010; June 1, 2004;

Readopted Eff. February 1, 2021.

 

SECTION .0500 – CHRONIC WASTING DISEASE MANAGEMENT

 

15A NCAC 10B .0501      DEFINITIONS AND GENERAL REQUIREMENTS

(a)  The rules in this Section apply to an area of the State where Chronic Wasting Disease (CWD) has been detected, as determined by the Commission.

(b)  The following definitions shall apply to rules in this Section:

(1)           "Cervid" means the animals in the Family Cervidae not otherwise regulated by the North Carolina Department of Agriculture and Consumer Services.

(2)           "Cervid Health Cooperator" means an individual authorized to collect CWD samples on behalf of the Commission.

(3)           "Chronic Wasting Disease" or "CWD" means the transmissible spongiform encephalopathy prion disease affecting species within the deer (Cervidae) Family.

(4)           "CWD Management Area" means the area delineated by the Commission where CWD has been determined to be endemic and the rules of this Section apply.

(5)           "Primary Surveillance Area" or "PSA" means a county delineated by the Commission for CWD surveillance where a confirmed CWD positive cervid has been found.

(6)           "Sample" means the cervid head and no less than three inches of the neck.

(7)           "Secondary Surveillance Area" or "SSA" means a county adjacent to or near a PSA delineated by the Commission for CWD surveillance.

(8)           "Submit" means to deliver a sample to a cervid health cooperator or qualified Commission employee or deposit in a Commission CWD Testing Drop-off Station.

(9)           "Surveillance Area" means the PSA and SSA collectively.

 

History Note:        Authority G.S. 113-134; 113-306;

Temporary Adoption Eff. July 1, 2022;

Temporary Adoption Eff. July 1, 2023;

Eff. January 1, 2024.

 

15A NCAC 10B .0502      CWD SURVEILLANCE AREAS DEFINED

(a)  The following Counties are Primary Surveillance Areas:

(1)           Cumberland County;

(2)           Stokes County;

(3)           Surry County;

(4)           Wilkes County; and

(5)           Yadkin County.

(b)  The following Counties are Secondary Surveillance Areas:

(1)           Alexander County:

(2)           Alleghany County;

(3)           Ashe County;

(4)           Bladen County;

(5)           Davie County;

(6)           Forsyth County;

(7)           Guilford County;

(8)           Harnett County;

(9)           Hoke County;

(10)         Iredell County;

(11)         Robeson County;

(12)         Rockingham County; and

(13)         Sampson County.

 

History Note:        Authority G.S. 113-134; 113-306;

Temporary Adoption Eff. July 1, 2022;

Temporary Adoption Eff. July 1, 2023.

 

15A NCAC 10B .0503      SURVEILLANCE AREA

(a)  Inside a surveillance area, placement of minerals or salt licks to purposefully congregate wildlife shall be prohibited. Placement of bait, food, or food product to purposefully congregate wildlife shall be prohibited from January 2 through August 31 inside a Surveillance Area, except that:

(1)           bird feeders specifically designed for nongame birds shall be allowed;

(2)           placement of bait, food, or food products to hunt during the urban archery season shall be allowed within the established season in participating municipalities; and

(3)           the placement of food specifically permitted by the Commission for scientific research, population management, and wildlife control may be allowed.

(b)  White-tailed deer fawn rehabilitation is prohibited in a Surveillance Area.

(c)  White-tailed deer fawns originating from within a Surveillance Area shall not be transported outside the Surveillance Area.

(d)  No cervid carcass or carcass parts originating from inside a Primary Surveillance Area (PSA) or Secondary Surveillance Area (SSA) shall be transported outside of the county of origin, except:

(1)           meat that has been boned out so that no pieces or fragments of bone remain;

(2)           caped hides with no part of the skull or spinal column attached;

(3)           antlers, antlers attached to cleaned skull plates, or skulls free from meat or brain tissue;

(4)           cleaned lower jawbones with teeth or cleaned teeth;

(5)           finished taxidermy products and tanned hides;

(6)           carcass or carcass parts permitted by the Commission for disposal outside of the Surveillance Area;

(7)           carcass or carcass parts originating inside a PSA county may be transported into contiguous PSA counties; and

(8)           carcass or carcass parts originating inside a SSA county may be transported into contiguous SSA or PSA counties.

(e)  No person shall possess or use a substance or material that contains or is labeled as containing any excretion collected from a cervid, including feces, urine, blood, gland oil, or other bodily fluid for the purposes of taking or attempting to take, attracting, or scouting wildlife inside a surveillance area. This prohibition shall not apply to the following substances:

(1)           products labeled as containing synthetic analogs of cervid excretions;

(2)           natural substances labeled as being collected from facilities within North Carolina that have a valid Farmed Cervid License from the North Carolina Department of Agriculture and Services;

(3)           natural deer urine products labeled as containing excretions from facilities within North Carolina that have a valid Farmed Cervid License from the North Carolina Department of Agriculture and Consumer Services; and

(4)           natural deer urine products labeled as containing excretions from facilities that meet all the following requirements:

(A)          determined to be free of Chronic Wasting Disease (CWD) based on testing by an independent laboratory using a method that may help detect the presence of CWD prions;

(B)          complies with a federally approved CWD herd certification program and any federal CWD protocols; and

(C)          participates in additional herd management requirements as specified by the Wildlife Resources Commission.

 

History Note:        Authority G.S. 113-134; 113-306;

Temporary Adoption Eff. July 1, 2022;

Emergency Adoption Eff. September 1, 2022;

Temporary Adoption Eff. November 29, 2022;

Temporary Adoption Eff. July 1, 2023;

Eff. January 1, 2024.

 

15A NCAC 10B .0504      PRIMARY SURVEILLANCE AREA

(a)  A hunter who harvests a cervid from the Saturday prior to Thanksgiving through the 3rd Sunday thereafter in PSA counties listed in Rule .0203(a)(1)(C) or (E) of this Subchapter shall submit a sample from that cervid not later than two weeks following the harvest for CWD testing.

(b)  A hunter who harvests a cervid from the Saturday 12 days prior to Thanksgiving Day through the 3rd Sunday thereafter in PSA counties listed in Rule .0203(a)(1)(A) or (B) of this Subchapter shall submit a sample from that cervid not later than two weeks following the harvest for CWD testing.

 

History Note:        Authority G.S. 113-134; 113-306;

Temporary Adoption Eff. July 1, 2022;

Temporary Adoption Eff. July 1, 2023.

 

15A NCAC 10B .0505      SECONDARY SURVEILLANCE AREA

(a)  A hunter who harvests a cervid from the Saturday prior to Thanksgiving through the 3rd Sunday thereafter in SSA counties listed in Rule .0203(a)(1)(C) or (E) of this Subchapter shall submit a sample from that cervid not later than two weeks following the harvest for CWD testing.

(b)  A hunter who harvests a cervid from the Saturday 12 days prior to Thanksgiving Day through the 3rd Sunday thereafter in SSA counties listed in Rule .0203(a)(1)(A) or (B) of this Subchapter shall submit a sample from that cervid not later than two weeks following the harvest for CWD testing.

 

History Note:        Authority G.S. 113-134; 113-306;

Temporary Adoption Eff. July 1, 2022;

Temporary Adoption Eff. July 1, 2023.