SUBCHAPTER 10J ‑ WILDLIFE CONSERVATION AREA REGULATIONS

 

15A NCAC 10J .0101       DESIGNATION OF WILDLIFE CONSERVATION AREAS

For the purposes of these regulations, wildlife conservation areas are defined as any lands owned, leased, controlled, or cooperatively managed by the Wildlife Resources Commission primarily for the conservation of nongame wildlife resources including those areas designated and posted as Wildlife Conservation Areas and those designated and posted as Colonial Waterbird Nesting Areas.

 

History Note:        Authority G.S. 113‑134; 113‑264; 113‑291.2; 113‑305; 113‑306;

Eff. February 1, 1990.

 

15A NCAC 10J .0102       geNERAL REGULATIONS REGARDING USE OF CONSERVATION AREAS

(a)  Trespass.  Entry on areas posted as Wildlife Conservation Areas for purposes other than wildlife observation, hunting, trapping or fishing shall be as authorized by the landowner.  On those areas designated and posted as Colonial Waterbird Nesting Areas, entry is prohibited during the period of April 1 through August 31 of each year, except by written permission of the landowner.  Entry into Colonial Waterbird Nesting Areas during the period of September 1 through March 31 is as authorized by the landowner.

(b)  Littering.  No person shall deposit any litter, trash, garbage, or other refuse at any place on any wildlife conservation area except in receptacles provided for disposal of such refuse.  No garbage dumps or sanitary landfills shall be established on any wildlife conservation area by any person, firm, corporation, county or municipality, except as permitted by the landowner.

(c)  Use and possession of weapons. No person shall discharge:

(1)           any weapon from a vehicle;

(2)           any weapon within 200 yards of any building or designated camping areas;

(3)           any weapons within, into, or across a posted "safety zone;" or

(4)           a firearm within, into, or across a posted "restricted zone."

No person shall hunt with or have in possession any shotgun shell containing lead or toxic shot while hunting waterfowl on any area designated as a wildlife conservation area, except shotgun shells containing lead buckshot may be used while deer hunting.  Every individual carrying a concealed handgun must adhere to the requirements set forth in G.S. 14-415.11, even if the state issuing the concealed handgun permit is not North Carolina.

(d)  License Requirements:

(1)           Hunting and Trapping:

(A)          Requirement.  Except as provided in Part (d)(1)(B) of this Rule, any person entering upon any designated wildlife conservation area for the purpose of hunting or trapping shall have in his possession a game lands use license in addition to the appropriate hunting or trapping licenses.

(B)          Exception.  A person under 16 years of age may hunt on designated wildlife conservation areas on the license of his parent or legal guardian.

(2)           Trout Fishing.  Any person 16 years of age or over, including an individual fishing with natural bait in the county of his residence, entering a designated wildlife conservation area for the purpose of fishing in designated public mountain trout waters located thereon must have in his possession a regular fishing license and special trout license.  The resident and nonresident sportsman's licenses and short-term comprehensive fishing licenses include trout fishing privileges on designated wildlife conservation areas.

(e)  Training Dogs.  Dogs shall not be trained on designated wildlife conservation areas except during open hunting seasons for game animals or game birds thereon.  Dogs are not allowed to enter any wildlife conservation area designated and posted as a colonial waterbird nesting area during the period of April 1 through August 31.

(f)  Trapping.  Subject to the restrictions contained in 15A NCAC 10B .0110, .0302, and .0303, trapping of fur-bearing animals is permitted on any area designated and posted as a wildlife conservation area during the applicable open seasons, except that trapping is prohibited:

(1)           on the Nona Pitt Hinson Cohen Wildlife Conservation Area in Richmond County; and

(2)           in posted "safety zones" located on any Wildlife Conservation Area.

(g)  Vehicular Traffic.  No person shall drive a motorized vehicle on a road, trail or area posted against vehicular traffic or other than on roads maintained for vehicular use on any designated wildlife conservation area.

(h)  Camping.  No person shall camp on any designated wildlife conservation area except on an area designated by the landowner for camping.  On the coastal islands designated wildlife conservation areas, camping is allowed except on those areas designated and posted as Colonial Waterbird Nesting Areas.

(i)  Swimming.  No person shall swim in the waters located on designated wildlife conservation areas, except that a person may swim in waters adjacent to coastal island wildlife conservation areas.

(j)  Motorboats.  No person shall operate any vessel powered by an internal combustion engine on the waters located on designated wildlife conservation areas.

(k)  Non-Highway Licensed Vehicles.  It is unlawful to operate motorized land vehicles not licensed for highway use on Wildlife Conservation Areas.  Persons who have obtained a permit issued pursuant to G.S. 113-297 are exempt from this Rule but shall comply with permit conditions.

(l)  It is unlawful to possess or consume any type of alcoholic beverage on public use areas of the Nona Pitt Hinson Cohen Wildlife Conservation Area.

(m)  It is unlawful to release animals or birds; domesticated animals, except hunting dogs and raptors where otherwise permitted for hunting or training purposes; and feral animals on conservation areas without prior written authorization of the Wildlife Resources Commission.

(n)  Possession and removal.  No living or dead nongame wildlife, fungi, invertebrates, eggs, nests, animal parts, plants, plant materials, or other materials may be possessed on or removed from conservation areas without written permission from the Commission. For purposes of this Rule, "other materials" includes all metals, minerals, rocks, soil, organic debris, buildings, fences, historic artifacts and water.

 

History Note:        Authority G.S. 113-134; 113-264; 113-270.3; 113-291.2; 113-291.5; 113-305; 113-306; 113-296; 113-297;

Eff. February 1, 1990;

Amended Eff. January 1, 2013; January 1, 2012; August 1, 2010; May 1, 2007; May 1, 2006; June 1, 2005.

 

15A NCAC 10J .0103       HUNTING ON WILDLIFE CONSERVATION AREAS

(a)  Safety Requirements.  No person while hunting on any area designated and posted as a wildlife conservation area shall be under the influence of alcohol or any narcotic drug.

(b)  Tree Stands.  It is unlawful to erect or to occupy, for the purpose of hunting, any tree stand or platform attached by nails, screws, bolts or wire to a tree on any area designated and posted as a wildlife conservation area.  This prohibition shall not apply to lag‑screw steps or portable stands that are removed after use with no metal left remaining in or attached to the tree.

(c)  Time and Manner of Taking.  Except where closed to hunting or limited to specific dates by these regulations, hunting on areas designated and posted as wildlife conservation areas is permitted during the open season for the game or furbearing species being hunted.  Waterfowl hunters shall not enter the areas earlier than 4:00 a.m. on the permitted hunting dates, and hunting is prohibited after 1:00 p.m. on such hunting dates; decoys may not be set out prior to 4:00 a.m. and must be removed by 3:00 p.m. each date.  No person shall operate any vessel or vehicle powered by an internal combustion engine on the waters of any area designated and posted as a wildlife conservation area.  No person shall attempt to obscure the sex or age of any bird or animal taken by severing the head or any other part thereof, or possess any bird or animal which has been so mutilated.  No person shall place, or cause to be placed on any area designated and posted as a wildlife conservation area, salt, grain, fruit, or other foods without prior written authorization of the Commission or its agent and no person shall take or attempt to take any game birds or game animals attracted to such foods.  No person shall use an electronic calling device for the purpose of attracting wild birds or wild animals.  No live wild animals or wild birds shall be removed from any designated wildlife conservation area except with the written permission of the landowner.

(d)  Hunting Dates:

(1)           Any game may be taken during the open seasons on the following wildlife conservation areas and hunting is limited to Mondays, Wednesdays, Saturdays and Thanksgiving, Christmas and New Year's Days.  In addition, deer may be taken with bow and arrow on the opening day of the bow and arrow season for deer.  Raccoon and opossum hunting may continue until 7:00 a.m. on Tuesdays, until 7:00 a.m. on Thursdays, and until midnight on Saturdays.  Additional restrictions apply as indicated in parentheses following specific designations:

(2)           Except as otherwise indicated, the following designated wildlife conservation areas or indicated portions thereof are closed to all hunting:

(A)          Nona Pitt Hinson Cohen Wildlife Conservation Area - Richmond County.

(B)          John D. Lewis Wildlife Conservation Area - Wayne County.

 

History Note:        Authority G.S. 113‑134; 113‑136; 113‑264; 113‑291.2; 113‑291.5; 113‑305;

Eff. February 1, 1990;

Amended Eff. October 1, 1994.

 

15A NCAC 10J .0104       FISHING ON WILDLIFE CONSERVATION AREAS

(a)  Generally.  Except as otherwise indicated herein, fishing on designated wildlife conservation areas which are open to fishing shall be in accordance with the statewide regulations.  All designated wildlife conservation areas are open to public fishing except restocked ponds when posted against fishing.  No trotline or set‑hook nor any net, trap, gig or other special fishing device of a type mentioned in 15 NCAC 10C .0403 except bow and arrow may be used in any of the impounded waters or free‑running streams located on designated wildlife conservation areas.  Except as otherwise indicated, the following designated wildlife conservation areas or indicated portions thereof are closed to all fishing, except for special fishing clinics authorized or conducted by the Commission:  John D. Lewis Wildlife Conservation Area - Wayne County.

(b)  Designated Public Mountain Trout Waters:  Fishing Hours.  It is unlawful to fish in designated public mountain trout waters on any designated wildlife conservation area from one‑half hour after sunset to one‑half hour before sunrise.

 

History Note:        Authority G.S. 113‑134; 113‑264; 113‑272; 113‑292; 113‑305;

Eff. February 1, 1990;

Amended Eff. October 1, 1994.