GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 755
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Short Title: Amend Fox Laws. |
(Public) |
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Sponsors: |
Representative (Primary Sponsor). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Agriculture. |
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April 7, 2011
A BILL TO BE ENTITLED
AN ACT to provide the wildlife resources commission authority to regulate the taking of foxes and coyotes.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 113-129(7a) is amended to read:
"(7a) Fur-bearing Animals. - Beaver, mink, muskrat, nutria, otter, skunk, and weasel; coyote, gray fox, red fox, bobcat, opossum, and raccoon when lawfully taken with traps."
SECTION 1.(b) G.S. 113-129(7c) is amended to read:
"(7c) Game Animals. - Bear, fox,
rabbit, squirrel, wild boar, white-tailed deer, and, except when trapped in
accordance with provisions relating to fur-bearing animals, coyote, gray
fox, red fox, bobcat, opossum, and raccoon."
SECTION 2.(a) G.S. 113-291.1(b) reads as rewritten:
"(b) No wild animals or wild birds may be taken:
(1) From or with the use of any vehicle; vessel, other than one manually propelled; airplane; or other conveyance except that the use of vehicles and vessels is authorized:
a. As hunting stands, subject to the following limitations. No wild animal or wild bird may be taken from any vessel under sail, under power, or with the engine running or while still in motion from such propulsion. No wild animal or wild bird may be taken from any vehicle if it is in motion, the engine is running, or the passenger area of the vehicle is occupied. The prohibition of occupying the passenger area of a vehicle does not apply to a disabled individual whose mobility is restricted.
b. For transportation incidental to the taking.
(2) With the use or
aid of any artificial light, net, trap, snare, electronic or recorded animal or
bird call, or fire, except as may be otherwise provided by statute[;] provided,
however, that crows crows, red foxes, gray foxes, bobcats, and
coyotes may be taken with the aid of electronic calling devices. No wild birds
may be taken with the use or aid of salt, grain, fruit, or other bait. No black
bear or wild boar may be taken with the use or aid of any salt, salt lick,
grain, fruit, honey, sugar-based material, animal parts or products, or other
bait, and no wild turkey may be taken from an area in which bait has been
placed until the expiration of 10 days after the bait has been consumed or
otherwise removed. The taking of wild animals and wild birds with poisons,
drugs, explosives, and electricity is governed by G.S. 113-261,
G.S. 113-262, and Article 22A of this Subchapter.
Upon finding that the placement of processed food products in areas frequented by black bears is detrimental to the health of individual black bears or is attracting and holding black bears in an area to the extent that the natural pattern of movement and distribution of black bears is disrupted and bears' vulnerability to mortality factors, including hunting, is increased to a level that causes concern for the population, the Wildlife Resources Commission may adopt rules to regulate, restrict, or prohibit the placement of those products and prescribe time limits during which hunting is prohibited in areas where those products have been placed.
Any person who is convicted of unlawfully taking bear or wild boar with the use or aid of any type of bait as provided by this subsection or by rules adopted pursuant to this subsection is punishable as provided by G.S. 113-294(c1)."
SECTION 2.(b) G.S. 113-291.1(g) reads as rewritten:
"(g) The Wildlife
Resources Commission may by rule prescribe the types of handguns and handgun
ammunition that may be used in taking If a season is open permitting
such method of taking for the species in question, a hunter may take
rabbits, squirrels, opossum, raccoons, fur-bearing animals, bobcats,
coyotes, gray foxes, red foxes, and nongame animals and birds open to hunting.
hunting with a pistol of .22 caliber with a barrel not less than five and
one-half inches in length. In addition, a hunter or trapper lawfully taking
a wild animal or wild bird by another lawful method may use a knife, pistol, or
other swift method of killing the animal or bird taken. The Wildlife Resources
Commission may, however, restrict or prohibit the carrying of firearms during
special seasons or in special areas reserved for the taking of wildlife with
primitive weapons or other restricted methods."
SECTION 3. G.S. 113-291.4 reads as rewritten:
"§ 113-291.4. Regulation of foxes; study of fox and fur-bearer populations.
(a) All of the
regulatory powers granted the Wildlife Resources Commission generally with
respect to game, fur-bearing animals, wild animals, and wildlife apply
to foxes foxes. unless there are specific overriding restrictions
in this section. To the extent that the Wildlife Resources Commission
rules for taking foxes conflict with any provisions of any local act, the
Wildlife Resources Commission rules prevail. The fact that a local act in
conflict with the Wildlife Resources Commission rules for taking foxes has not
been specifically repealed does not indicate an intent for the local act to
prevail.
(b) Except
for any closed season under subsection (h), foxes may be taken with dogs both
night and day on a year-round basis.
(c) Foxes
may not be taken with firearms except:
(1) As
provided in subsection (f) or (i) of this section or G.S. 113-291.4A(a).
(2) As an
incidental method of humanely killing them following any lawful method of
taking that does not result in death.
(3) When
they are lawfully shot under laws and rules pertaining to the destruction of
animals committing depredations to property.
(d) Foxes
may not be taken with the aid of any electronic calling device.
(e) The
Wildlife Resources Commission is directed to improve its capabilities for
studying fox and fur-bearer populations generally and, on the basis of its
present knowledge and future studies, to implement management methods and
impose controls designed to produce optimum fox and fur-bearer populations in
the various areas of the State.
(f) If,
on the basis of its studies and other information available, the Wildlife
Resources Commission determines the population of foxes in an area is fully adequate
to support a harvesting of that population, the Wildlife Resources Commission
may, upon passage of local legislation permitting same, open a season for
taking foxes by trapping. When the season is open for trapping, foxes may also
be taken by the use of methods lawful for taking game animals, including the
use of firearms. Any bag, possession, or season limits imposed on foxes taken
from the area in question will apply in the aggregate to all foxes killed
without regard to the method of taking.
(f1) In those
counties in which open seasons for taking foxes with weapons and by trapping
were established between June 18, 1982, and July 1, 1987, in accordance with
the procedure then set forth in subsection (f) of this section, the Wildlife
Resources Commission is authorized to continue such seasons from year to year
so long as the fox populations of such counties remain adequate to support the
resulting harvest. The counties referred to in this subsection are as follows:
Caswell, Clay, Graham, Henderson, Hyde, Macon, and Tyrrell.
(g) The Wildlife
Resources Commission may provide for the sale of red and gray foxes
lawfully taken in areas of open season season. as
provided in subsection (f), under a system providing strict controls. The
Wildlife Resources Commission may must implement a system of
tagging red and gray foxes and red and gray fox furs with a
special fox tag, and the Commission may charge two dollars and twenty-five
cents ($2.25) for each tag furnished to hunters, trappers, and fur dealers. The
fox tag or tags must be procured before taking foxes by any method designed to
kill foxes or when the intent is to harvest foxes. The number of tags furnished
to any individual may be limited as to area and as to number in accordance with
area, bag, possession, or season limits that may be imposed on foxes. No person
may continue to hunt or trap foxes under this fox harvesting provision unless
he still has at least one valid unused fox tag lawful for use in the area in
question. A person hunting foxes with dogs not intending to kill them need not
have any fox tag, but any fox accidentally killed by that hunter must be
disposed of without sale as provided below, and no foxes not tagged may be
sold. The Wildlife Resources Commission may by rule provide reporting and
controlled-disposition requirements, not including sale, requirements
of red and gray foxes killed accidentally by dog hunters, motor
vehicles, and in other situations; it may also impose strict controls on the
disposition of red and gray foxes taken by owners of property under the
laws and rules relating to depredations, and authorize sale under controlled
conditions of red and gray foxes taken under depredation permits.
(h) In any area of the State in which the Wildlife Resources Commission determines that hunting of red and gray foxes with dogs has an appreciably harmful effect upon turkey restoration projects, it may declare a closed season for an appropriate length of time upon the taking with dogs of all species of wild animals and birds. Except as otherwise provided in G.S. 113-291.1(d) or (d1), this subsection does not prohibit lawful field trials or the training of dogs.
(i) Upon notification by the State Health Director of the presence of a contagious animal disease in a local fox population, the Commission is authorized to establish such population control measures as are appropriate until notified by public health authorities that the problem is deemed to have passed."
SECTION 4. G.S. 113-291.4A reads as rewritten:
"§ 113-291.4A. Open seasons for taking foxes with firearms.
(a) There is an open season for the taking of foxes with firearms in all areas of the State east of Interstate Highway 77 and in Mitchell and Caldwell Counties from the beginning of the season established by the Wildlife Resources Commission for the taking of rabbits and quail through January 1 of each year. The selling, buying, or possessing for sale of any fox or fox part taken pursuant to this subsection is prohibited, and is punishable as provided by G.S. 113-294(a) or (j).
(b) The Wildlife Resources Commission shall establish appropriate bag and season limits that may be imposed upon the taking of red and gray foxes pursuant to this act, and may make reasonable rules governing the possession of red and gray foxes killed by motor vehicles or other accidental means.
(c) The Wildlife Resources Commission may adopt rules prescribing an open season for taking red and gray foxes and coyotes with firearms. G.S. 113-291.4A(a) and (b) are repealed as of the effective date of those rules."
SECTION 5. G.S. 113-133.1(e) reads as rewritten:
"(e) Because of strong community interest expressed in their retention, the local acts or portions of local acts listed in this section are not repealed. The following local acts are retained to the extent they apply to the county for which listed:
Alleghany: Session Laws 1951, Chapter 665; Session Laws 1977, Chapter 526; Session Laws 1979, Chapter 556.
Anson: Former G.S. 113-111, as amended by Session
Laws 1955, Chapter 286.
Ashe: Former G.S. 113-111; Session Laws 1951, Chapter
665.
Avery: Former G.S. 113-122.
Beaufort: Session Laws 1947, Chapter 466, as amended by Session Laws 1979, Chapter 219; Session Laws 1957, Chapter 1364; Session Laws 1971, Chapter 173.
Bertie: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 287.
Bladen: Public-Local Laws 1933, Chapter 550, Section 2 (as
it pertains to fox season); Session Laws 1961, Chapter 348 (as
it applies to Bladen residents fishing in Robeson County); Session Laws 1961,
Chapter 1023; Session Laws 1971, Chapter 384.
Brunswick: Session Laws 1975, Chapter 218.
Buncombe: Public-Local Laws 1933, Chapter 308.
Burke: Public-Local Laws 1921, Chapter 454; Public-Local Laws 1921 (Extra Session), Chapter 213, Section 3 (with respect to fox seasons); Public-Local Laws 1933, Chapter 422, Section 3; Session Laws 1977, Chapter 636.
Caldwell: Former G.S. 113-122; Session Laws 1977, Chapter 636; Session Laws 1979, Chapter 507.
Camden: Session Laws 1955, Chapter 362 (to the extent it applies to inland fishing waters); Session Laws 1967, Chapter 441.
Carteret: Session Laws 1955, Chapter 1036; Session Laws 1977, Chapter 695.
Caswell: Public-Local Laws 1933, Chapter 311; Public-Local
Laws 1937, Chapter 411. Chapter 311.
Catawba: Former G.S. 113-111, as amended by Session
Laws 1955, Chapter 1037.
Chatham: Public-Local Laws 1937 Chapter 236; Session Laws 1963, Chapter 271.
Chowan: Session Laws 1979, Chapter 184; Session Laws 1979, Chapter 582.
Cleveland: Public Laws 1907, Chapter 388; Session Laws
1951, Chapter 1101; Session Laws 1979, Chapter 587.
Columbus: Session Laws 1951, Chapter 492, as amended by Session Laws 1955, Chapter 506.
Craven: Session Laws 1971, Chapter 273, as amended by Session Laws 1971, Chapter 629.
Cumberland: Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 471.
Dare: Session Laws 1973, Chapter 259.
Davie: Former G.S. 113-111, as amended by Session
Laws 1947, Chapter 333.
Duplin: Session Laws 1965, Chapter 774; Session Laws
1973 (Second Session 1974), Chapter 1266; Session Laws 1979, Chapter 466.
Edgecombe: Session Laws 1961, Chapter 408.
Gates: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748.
Granville: Session Laws 1963, Chapter 670.
Greene: Session Laws 1975, Chapter 219; Session Laws
1979, Chapter 360.
Halifax: Public-Local Laws 1925, Chapter 571, Section 3
(with respect to fox-hunting seasons); Session Laws 1947, Chapter 954;
Session Laws 1955, Chapter 1376.
Haywood: Former G.S. 113-111, as modified by Session
Laws 1963, Chapter 322.
Henderson: Former G.S. 113-111.
Hertford: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67.
Hoke: Session Laws 1963, Chapter 267.
Hyde: Public-Local Laws 1929, Chapter 354, Section 1 (as it relates to foxes); Session Laws 1951, Chapter 932.
Iredell: Session Laws 1979, Chapter 577.
Jackson: Session Laws 1965, Chapter 765.
Johnston: Session Laws 1975, Chapter 342.
Jones: Session Laws 1979, Chapter 441.
Lee: Session Laws 1963, Chapter 271; Session Laws 1977, Chapter 636.
Lenoir: Session Laws 1979, Chapter 441.
Lincoln: Public-Local Laws 1925, Chapter 449, Sections 1
and 2; Session Laws 1955, Chapter 878.
Madison: Public-Local Laws 1925, Chapter 418, Section 4;
Session Laws 1951, Chapter 1040. Section 4.
Martin: Session Laws 1955, Chapter 1376; Session Laws 1977, Chapter 636.
Montgomery: Session Laws 1977 (Second Session 1978),
Chapter 1142.
Nash: Session Laws 1961, Chapter 408.
New Hanover: Session Laws 1971, Chapter 559; Session
Laws 1975, Chapter 95.
Northampton: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67; Session Laws 1979, Chapter 548.
Orange: Public-Local Laws 1913, Chapter 547.
Pamlico: Session Laws 1977, Chapter 636.
Pender: Session Laws 1961, Chapter 333; Session Laws 1967, Chapter 229; Session Laws 1969, Chapter 258, as amended by Session Laws 1973, Chapter 420; Session Laws 1977, Chapter 585, as amended by Session Laws 1985, Chapter 421; Session Laws 1977, Chapter 805; Session Laws 1979, Chapter 546.
Perquimans: Former G.S. 113-111; Session Laws
1973, Chapter 160; Session Laws 1973, Chapter 264.
Polk: Session Laws 1975, Chapter 397; Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Randolph: Public-Local Laws 1941, Chapter 246; Session Laws 1947, Chapter 920.
Robeson: Public-Local Laws 1924 (Extra Session), Chapter 92; Session Laws 1961, Chapter 348.
Rockingham: Former G.S. 113-111; Public-Local
Laws 1933, Chapter 310.
Rowan: Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 106, and Session Laws 1977, Chapter 500; Session Laws 1979, Chapter 556.
Rutherford: Session Laws 1973, Chapter 114; Session Laws 1975, Chapter 397.
Sampson: Session Laws 1979, Chapter 373.
Scotland: Session Laws 1959, Chapter 1143; Session Laws 1977, Chapter 436.
Stokes: Former G.S. 113-111; Public-Local Laws
1933, Chapter 310; Session Laws 1979, Chapter 556.
Surry: Public-Local Laws 1925, Chapter 474, Section 6 (as
it pertains to fox seasons); Session Laws 1975, Chapter 269,
as amended by Session Laws 1977, Chapter 167.
Swain: Public-Local Laws 1935, Chapter 52; Session Laws 1953, Chapter 270; Session Laws 1965, Chapter 765.
Transylvania: Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238.
Tyrrell: Former G.S. 113-111; Session Laws 1953,
Chapter 685.
Wake: Session Laws 1973 (Second Session 1974), Chapter 1382.
Washington: Session Laws 1947, Chapter 620.
Wayne: Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 342, as amended by Session Laws 1977, Chapter 43; Session Laws 1975, Chapter 343, as amended by Session Laws 1977, Chapter 45; Session Laws 1977, Chapter 695.
Wilkes: Former G.S. 113-111, as amended by Session
Laws 1971, Chapter 385; Session Laws 1951, Chapter 665; Session Laws 1973,
Chapter 106; Session Laws 1979, Chapter 507.
Yadkin: Former G.S. 113-111, as amended by Session Laws
1953, Chapter 199; Session Laws 1979, Chapter 507.
Yancey: Session Laws 1965, Chapter 522."
SECTION 6. The following local acts or portions of local acts are repealed as applicable to the following counties and municipalities:
Alamance: Session Laws 1979, Chapter 825, Sec. 2; Session Laws 1989, Chapter 825; Session Laws 2008, Chapter 44.
Anson: Session Laws 1955, Chapter 286; Session Laws 1989, Chapter 879.
Ashe: Session Laws 2007, Chapter 51, as amended by Session Laws 2010, Chapter 82.
Avery Session Laws 1985, Chapter 180.
Beaufort Session Laws 1987, Chapter 98; Session Laws 1997, Chapter 19.
Bladen Session Laws 1985, Chapter 722, as amended by Session Laws 1985, Chapter 880.
Brunswick Session Laws 1993, Chapter 208.
Burke Session Laws 1989, Chapter 163.
Caswell Session Laws 1991, Chapter 908, as amended by Session Laws 1993, Chapter 727.
Chatham Session Laws 1995, Chapter 80.
Chowan Session Laws 1989, Chapter 128, as amended by Session Laws 1999, Chapter 301.
Columbus Session Laws, 1993, Chapter 208, as amended by Session Laws 2004, Chapter 66.
Craven Session Laws 2008, Chapter 8.
Cumberland Session Laws 2007, Chapter 11.
Davidson Session Laws 2009, Chapter 43.
Edgecombe Session Laws 1991, Chapter 483, Section 4.
Franklin Session Laws 1993, Chapter 208.
Gates Session Laws 1989, Chapter 128.
Granville Session Laws 1993, Chapter 208.
Halifax Session Laws 1995, Chapter 279.
Harnett Session Laws 2007, Chapter 11.
Hoke Session Laws 1985, Chapter 108.
Hyde Session Laws 1997, Chapter 132; Session Laws 1989, Chapter 229.
Iredell Session Laws 1985, Chapter 664.
Johnston Session Laws 2007, Chapter 47.
Jones Session Laws 1989, Chapter 134.
Moore Session Laws 2007, Chapter 11.
Northampton Session Laws 1993, Chapter 727.
Person Session Laws 1985, Chapter 108, as amended by Session Laws 1985, Chapter 890 and Session Laws 2005, Chapter 262.
Pitt Session Laws 1993, Chapter 208, as amended by Session Laws 2004, Chapter 199.
Richmond Session Laws 2001, Chapter 133.
Robeson Session Laws 1985, Chapter 108.
Rockingham Session Laws 1985, Chapter 179.
Scotland Session Laws 1985, Chapter 108.
Stanly Session Laws 1989, Chapter 879.
Stokes Session Laws 2008, Chapter 102.
Vance Session Laws 1993, Chapter 208.
Wayne Session Laws 1981, Chapter 697; Session Laws 1987, Chapter 958.
City of Winston-Salem Session Laws 2010, Chapter 82.
SECTION 7. Sections 5 and 6 of this act become effective as of the effective date of rules adopted by the Wildlife Resources Commission establishing an open season for the trapping of foxes. Section 2 of this act becomes effective October 1, 2011. The remainder of this act is effective when it becomes law.