15A NCAC 10D .0105      Possession and Removal of animals, plants and materials

(a)  For purposes of this Rule, the following definitions apply:

(1)           "Other materials" includes:  all metals, minerals, rocks, soil, organic debris, buildings, fences, historic artifacts and water.

(2)           "Commission lands" includes all state-owned game lands, hatcheries, depots, refuges, boating access areas and public fishing access areas, or parts thereof, allocated to the Wildlife Resources Commission.

(3)           "Written permission" includes permits, sales agreements, agricultural agreements, and letters written by authorized Commission personnel.  Written permissions shall specify the type of activity allowed, the Commission land(s) where the activity may occur and the persons authorized.

(b)  On Commission lands:

(1)           No wildlife resources, fungi, invertebrates, eggs, nests, animal parts, plants, plant materials, or other materials may be possessed on or removed from Commission lands except:

(A)          as allowed in this Rule; or

(B)          if written permission has been granted by the Wildlife Resources Commission.

This restriction applies to both dead and living wildlife resources, fungi, invertebrates, eggs, animal parts, plants and plant materials.

(2)           All game, fur-bearing animals, fisheries resources, and nongame animals or birds for which the Commission has established an open season, legally taken under a valid hunting, trapping, fishing or falconry license may be possessed on and removed from Commission lands.

(3)           Berries, fruit, nuts, mushrooms, ramps and other plants or plant products suitable for human consumption may be possessed on and removed from Commission lands without written permission for personal consumption only, except any fungi, plant or part thereof on a state or federal protected list may not be possessed on or removed from Commission lands without written permission.  All other fungi, plants and plant products which are not suitable for human consumption may not be possessed on or removed from Commission lands except with written permission.  Crops or products thereof planted for the benefit of wildlife may not be removed without written permission.

(4)           Insects, worms or other invertebrates collected as fish bait may be possessed on and removed from Commission lands without written permission for personal use only, except any species on a state or federal protected list may not be collected and may not be removed from Commission lands.  Sale of these resources is prohibited.

(5)           Minimal amounts of animal parts, plant parts not removed from live plants, and other materials collected by hand and removed from Commission lands without written permission, except in violation of rules, general statutes or federal law.  Collection of animal parts, plant parts not removed from live plants, and other materials for commercial use or sale is prohibited.  For purposes of this Subparagraph, "minimal amounts," are quantities that fit within a cubic foot of space, except for firewood to be used at designated game land campgrounds.  Minimal amounts of firewood are quantities sufficient to build and maintain a fire for the duration of the game land user's stay at the campground.

(6)           Litter and road kill animals may be removed without written permission, except in violation of 15A NCAC 10B .0106.

(7)           A collection license as described in 15A NCAC 10B .0119 does not qualify as written permission to collect or remove any wildlife resources from Commission lands.  Written permission must be specific to the Commission land.

(c)  On all other lands enrolled in the game land program;

(1)           All game, fur-bearing animals, fisheries resources, and nongame animals or birds for which the Commission has established an open season, legally taken under a valid hunting, trapping, fishing or falconry license may be possessed on and removed from game lands.

(2)           Possession and removal of all other wildlife resources, fungi, invertebrates, eggs, nests, animals parts, plants, plant materials, or other materials is subject to the rules of the Commission and is at the discretion of the landowner, except where the landowner has ceded authority to the Commission. When the landowner has ceded authority to the Commission, the permissions and restrictions in Paragraph (b) of this Rule apply.

(d)  Any individual who has written permission, or a hunting, trapping, fishing or falconry license required in order to possess or remove wildlife resources, fungi, invertebrates, eggs, nests, animals parts, plants, plant materials, or other materials from Commission lands and all other lands enrolled in the game land program must have that written permission or license on his person.  This requirement extends to any individual operating in conjunction with another's written permission.

 

History Note:        Authority G.S. 113-134; 113-264; 113-291; 113-291.2; 113-305; 113-333;

Eff. August 1, 2012.