§ 113‑291.1. Manner oftaking wild animals and wild birds.
(a) Except as otherwiseprovided, game may only be taken between a half hour before sunrise and a halfhour after sunset and only by one or a combination of the following methods:
(1) With a rifle, exceptthat rifles may not be used in taking wild turkeys.
(2) With a shotgun notlarger than number 10 gauge.
(3) With a bow and arrowof a type prescribed in the rules of the Wildlife Resources Commission.
(4) With the use ofdogs.
(5) By means of falconry.
Fur‑bearing animals may betaken at any time during open trapping season with traps authorized under G.S.113‑291.6 and as otherwise authorized pursuant to this subsection, andrabbits may be box‑trapped in accordance with rules of the Wildlife ResourcesCommission. The Wildlife Resources Commission may adopt rules prescribing themanner of taking wild birds and wild animals not classified as game. Use ofpistols in taking wildlife is governed by subsection (g). The WildlifeResources Commission may prescribe the manner of taking wild animals and wildbirds on game lands and public hunting grounds.
(b) No wild animals orwild birds may be taken:
(1) From or with the useof any vehicle; vessel, other than one manually propelled; airplane; or otherconveyance 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 takenfrom any vessel under sail, under power, or with the engine running or whilestill in motion from such propulsion. No wild animal or wild bird may be takenfrom any vehicle if it is in motion, the engine is running, or the passengerarea of the vehicle is occupied. The prohibition of occupying the passengerarea of a vehicle does not apply to a disabled individual whose mobility isrestricted.
b. For transportationincidental to the taking.
(2) With the use or aidof any artificial light, net, trap, snare, electronic or recorded animal orbird call, or fire, except as may be otherwise provided by statute[;] provided,however, that crows and coyotes may be taken with the aid of electronic callingdevices. 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 ofany salt, salt lick, grain, fruit, honey, sugar‑based material, animalparts or products, or other bait, and no wild turkey may be taken from an areain which bait has been placed until the expiration of 10 days after the baithas been consumed or otherwise removed. The taking of wild animals and wildbirds with poisons, drugs, explosives, and electricity is governed by G.S. 113‑261,G.S. 113‑262, and Article 22A of this Subchapter.
Uponfinding that the placement of processed food products in areas frequented byblack bears is detrimental to the health of individual black bears or isattracting and holding black bears in an area to the extent that the naturalpattern of movement and distribution of black bears is disrupted and bears'vulnerability to mortality factors, including hunting, is increased to a levelthat causes concern for the population, the Wildlife Resources Commission mayadopt rules to regulate, restrict, or prohibit the placement of those productsand prescribe time limits during which hunting is prohibited in areas wherethose products have been placed.
Anyperson who is convicted of unlawfully taking bear or wild boar with the use oraid of any type of bait as provided by this subsection or by rules adoptedpursuant to this subsection is punishable as provided by G.S. 113‑294(c1).
(c) It is a Class 1misdemeanor for any person taking wildlife to have in his possession any:
(1) Firearm equippedwith a silencer or any device designed to silence, muffle, or minimize thereport of the firearm. The firearm is considered equipped with the silencer ordevice whether it is attached to the firearm or separate but reasonablyaccessible for attachment during the taking of the wildlife.
(2) Weapon of mass deathand destruction as defined in G.S. 14‑288.8.
The Wildlife ResourcesCommission may prohibit individuals training dogs or taking particular speciesfrom carrying axes, saws, tree‑climbing equipment, and other implementsthat may facilitate the unlawful taking of wildlife, except tree‑climbingequipment may be carried and used by persons lawfully taking raccoons andopossums during open season.
(d) In accordance withgoverning rules of the Wildlife Resources Commission imposing furtherrestrictions that may be necessary, hunters may conduct field trials with dogsin areas and at times authorized with the use of approved weapons andammunition. The Wildlife Resources Commission may authorize organized retrieverfield trials, utilizing domestically raised waterfowl and game birds, to beheld under its permit.
(d1) Except in areasclosed to protect sensitive wildlife populations, and subject to conditions andrestrictions contained in rules of the Wildlife Resources Commission, huntersmay train dogs during the closed season:
(1) With the use ofweapons and ammunition approved by the Wildlife Resources Commission;
(2) If reasonablecontrol is exercised to prevent the dogs from running unsupervised at large andfrom killing wild animals and wild birds;
(3) On land owned orleased by the dog trainer or upon which the person has written permission totrain dogs; and
(4) Using domesticallyraised waterfowl and game birds, provided the birds are marked and sources aredocumented as required by the Wildlife Resources Commission.
(e) Raccoons andopossum may be taken at night with dogs during seasons set by rules of theWildlife Resources Commission with the use of artificial lights of a typedesigned or commonly used to aid in taking raccoon and opossum. No conveyancemay be used in taking any raccoon or opossum at night, but incidentaltransportation of hunters and dogs to and from the site of hunting ispermitted. The Wildlife Resources Commission may by rule prescribe restrictionsrespecting the taking of frogs, or other creatures not classified as wildlifewhich may be found in areas frequented by game, with the use of an artificiallight, and may regulate the shining of lights at night in areas frequented bydeer as provided in subsection (e1).
(e1) After hearingsufficient evidence and finding as a fact that an area frequented by deer issubject to substantial unlawful night deer hunting or that residents in thearea have been greatly inconvenienced by persons shining lights on deer, theWildlife Resources Commission may by rule prohibit the intentional sweeping ofthat area with lights, or the intentional shining of lights on deer, during theperiod either:
(1) From 11:00 p.m.until one‑half hour before sunrise; or
(2) From one‑halfhour after sunset until one‑half hour before sunrise.
Before adopting this rule, theWildlife Resources Commission must propose it at a public hearing in the areato be closed and seek the reactions of the local inhabitants. The rule mustexempt necessary shining of lights by landholders, motorists engaged in normaltravel on the highway, and campers and others legitimately in the area, who arenot attempting to attract wildlife. This subsection does not limit the right ofhunters to take raccoon and opossum with dogs lawfully at night with a lightunder the terms of subsection (e).
(e2) If the WildlifeResources Commission has enacted a rule under the authority of subsection (e1)prohibiting the shining of lights from 11:00 p.m. until one‑half hourbefore sunrise in any county or area of a county, the Wildlife ResourcesCommission is authorized, without holding an additional public hearing, toextend the applicability of that rule to the period one‑half hour aftersunset to one‑half hour before sunrise upon receipt of a resolution fromthe board of commissioners of the county requesting extension of the period.
(f) To keep NorthCarolina provisions respecting migratory game birds in substantial conformitywith applicable federal law and rules, the Wildlife Resources Commission may byrule, or as provided in subsection (f1) of this section, expand or modifyprovisions of this Article if necessary to achieve such conformity, includingallowing the use of electronic calls. In particular, the Commission mayprohibit the use of rifles, unplugged shotguns, live decoys, and sinkboxes in thetaking of migratory game birds; vary shooting hours; adopt specific distances,not less than 300 yards, hunters must maintain from areas that have beenbaited, and fix the number of days afterwards during which it is still unlawfulto take migratory game birds in the area; and adopt similar provisions withregard to the use of live decoys. In the absence of rules of the WildlifeResources Commission to the contrary, the rules of the United States Departmentof the Interior prohibiting the use of rifles, unplugged shotguns, toxic shotand sinkboxes in taking migratory game birds in North Carolina shall apply, andany violation of such federal rules is unlawful.
(f1) The Commission isauthorized to issue proclamations to allow the use of electronic calls or unpluggedshotguns to achieve substantial conformity with applicable federal law andrules established by the United States Department of Interior or any successoragency. The Commission may delegate this authority to the Executive Director.Each proclamation shall state the hour and date upon which it becomes effectiveand shall be issued at least 48 hours prior to the effective date and time. Apermanent file of the text of all proclamations shall be maintained in theoffice of the Executive Director. Certified copies of proclamations areentitled to judicial notice in any civil or criminal proceeding.
The Executive Director shallmake a reasonable effort to give notice of the terms of any proclamation topersons who may be affected by it. This effort shall include press releases tocommunications media, posting of notices at boating access areas and otherplaces where persons affected may gather, personal communication by agents ofthe Wildlife Resources Commission, and other measures designed to reach personswho may be affected. Proclamations under this subsection shall remain in forceuntil rescinded following the same procedure established for enactment.
(g) If a season is openpermitting such method of taking for the species in question, a hunter may takerabbits, squirrels, opossum, raccoons, fur‑bearing animals, and nongameanimals and birds open to hunting with a pistol of .22 caliber with a barrelnot less than five and one‑half inches in length. In addition, a hunteror trapper lawfully taking a wild animal or wild bird by another lawful methodmay use a knife, pistol, or other swift method of killing the animal or birdtaken. The Wildlife Resources Commission may, however, restrict or prohibit thecarrying of firearms during special seasons or in special areas reserved forthe taking of wildlife with primitive weapons or other restricted methods.
(g1) The WildlifeResources Commission may by rule prescribe the types of handguns and handgunammunition that may be used in taking big game animals other than wild turkey.During the regular gun seasons for taking bear, deer and wild boar theseanimals may be taken with types of handguns and handgun ammunition that shallbe approved for such use by the rules of the Wildlife Resources Commission. TheCommission shall not provide any special season for the exclusive use ofhandguns in taking wildlife.
(h) In the interests ofenhancing the enjoyment of sportsmen, and if consistent with conservationobjectives, the Wildlife Resources Commission may by rule relax requirements ofthis section on controlled shooting preserves and in other highly controlledsituations.
(i) The intentionaldestruction or substantial impairment of wildlife nesting or breeding areas orother purposeful acts to render them unfit is unlawful. These prohibitionsinclude cutting down den trees, shooting into nests of wild animals or birds,and despoliation of dens, nests, or rookeries.
(j) It is unlawful totake deer swimming or in water above the knees of the deer. (C.S., s. 2124; 1935, c.486, s. 20; 1939, c. 235, s. 1; 1949, c. 1205, s. 3; 1955, c. 104; 1959, cc.207, 500; 1961, c. 1182; 1963, c. 381; c. 697, ss. 1, 3½; 1967, c. 858, s. 1;c. 1149, s. 1.5; 1969, cc. 75, 140; 1971, c. 439, ss. 1‑3; c. 899, s. 1;1973, c. 1096; c. 1262, s. 18; 1975, c. 669; 1977, c. 493; 1979, c. 830, s. 1;1979, 2nd Sess., c. 1285, ss. 4‑6; 1983, c. 137, ss. 1, 2; c. 492; 1985,c. 360; c. 554, ss. 1, 2; 1987, cc. 97, 134, 827, s. 98; 1993, c. 539, s. 862;1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 64, s. 1; 1999‑120, s. 1; 2003‑160,s. 1; 2005‑76, ss. 1, 2; 2005‑298, s. 1; 2007‑401, s. 6; 2009‑221,ss. 2, 3.)
§ 113‑291.1. Manner oftaking wild animals and wild birds.
(a) Except as otherwiseprovided, game may only be taken between a half hour before sunrise and a halfhour after sunset and only by one or a combination of the following methods:
(1) With a rifle, exceptthat rifles may not be used in taking wild turkeys.
(2) With a shotgun notlarger than number 10 gauge.
(3) With a bow and arrowof a type prescribed in the rules of the Wildlife Resources Commission.
(4) With the use ofdogs.
(5) By means of falconry.
Fur‑bearing animals may betaken at any time during open trapping season with traps authorized under G.S.113‑291.6 and as otherwise authorized pursuant to this subsection, andrabbits may be box‑trapped in accordance with rules of the Wildlife ResourcesCommission. The Wildlife Resources Commission may adopt rules prescribing themanner of taking wild birds and wild animals not classified as game. Use ofpistols in taking wildlife is governed by subsection (g). The WildlifeResources Commission may prescribe the manner of taking wild animals and wildbirds on game lands and public hunting grounds.
(b) No wild animals orwild birds may be taken:
(1) From or with the useof any vehicle; vessel, other than one manually propelled; airplane; or otherconveyance 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 takenfrom any vessel under sail, under power, or with the engine running or whilestill in motion from such propulsion. No wild animal or wild bird may be takenfrom any vehicle if it is in motion, the engine is running, or the passengerarea of the vehicle is occupied. The prohibition of occupying the passengerarea of a vehicle does not apply to a disabled individual whose mobility isrestricted.
b. For transportationincidental to the taking.
(2) With the use or aidof any artificial light, net, trap, snare, electronic or recorded animal orbird call, or fire, except as may be otherwise provided by statute[;] provided,however, that crows and coyotes may be taken with the aid of electronic callingdevices. 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 ofany salt, salt lick, grain, fruit, honey, sugar‑based material, animalparts or products, or other bait, and no wild turkey may be taken from an areain which bait has been placed until the expiration of 10 days after the baithas been consumed or otherwise removed. The taking of wild animals and wildbirds with poisons, drugs, explosives, and electricity is governed by G.S. 113‑261,G.S. 113‑262, and Article 22A of this Subchapter.
Uponfinding that the placement of processed food products in areas frequented byblack bears is detrimental to the health of individual black bears or isattracting and holding black bears in an area to the extent that the naturalpattern of movement and distribution of black bears is disrupted and bears'vulnerability to mortality factors, including hunting, is increased to a levelthat causes concern for the population, the Wildlife Resources Commission mayadopt rules to regulate, restrict, or prohibit the placement of those productsand prescribe time limits during which hunting is prohibited in areas wherethose products have been placed.
Anyperson who is convicted of unlawfully taking bear or wild boar with the use oraid of any type of bait as provided by this subsection or by rules adoptedpursuant to this subsection is punishable as provided by G.S. 113‑294(c1).
(c) It is a Class 1misdemeanor for any person taking wildlife to have in his possession any:
(1) Firearm equippedwith a silencer or any device designed to silence, muffle, or minimize thereport of the firearm. The firearm is considered equipped with the silencer ordevice whether it is attached to the firearm or separate but reasonablyaccessible for attachment during the taking of the wildlife.
(2) Weapon of mass deathand destruction as defined in G.S. 14‑288.8.
The Wildlife ResourcesCommission may prohibit individuals training dogs or taking particular speciesfrom carrying axes, saws, tree‑climbing equipment, and other implementsthat may facilitate the unlawful taking of wildlife, except tree‑climbingequipment may be carried and used by persons lawfully taking raccoons andopossums during open season.
(d) In accordance withgoverning rules of the Wildlife Resources Commission imposing furtherrestrictions that may be necessary, hunters may conduct field trials with dogsin areas and at times authorized with the use of approved weapons andammunition. The Wildlife Resources Commission may authorize organized retrieverfield trials, utilizing domestically raised waterfowl and game birds, to beheld under its permit.
(d1) Except in areasclosed to protect sensitive wildlife populations, and subject to conditions andrestrictions contained in rules of the Wildlife Resources Commission, huntersmay train dogs during the closed season:
(1) With the use ofweapons and ammunition approved by the Wildlife Resources Commission;
(2) If reasonablecontrol is exercised to prevent the dogs from running unsupervised at large andfrom killing wild animals and wild birds;
(3) On land owned orleased by the dog trainer or upon which the person has written permission totrain dogs; and
(4) Using domesticallyraised waterfowl and game birds, provided the birds are marked and sources aredocumented as required by the Wildlife Resources Commission.
(e) Raccoons andopossum may be taken at night with dogs during seasons set by rules of theWildlife Resources Commission with the use of artificial lights of a typedesigned or commonly used to aid in taking raccoon and opossum. No conveyancemay be used in taking any raccoon or opossum at night, but incidentaltransportation of hunters and dogs to and from the site of hunting ispermitted. The Wildlife Resources Commission may by rule prescribe restrictionsrespecting the taking of frogs, or other creatures not classified as wildlifewhich may be found in areas frequented by game, with the use of an artificiallight, and may regulate the shining of lights at night in areas frequented bydeer as provided in subsection (e1).
(e1) After hearingsufficient evidence and finding as a fact that an area frequented by deer issubject to substantial unlawful night deer hunting or that residents in thearea have been greatly inconvenienced by persons shining lights on deer, theWildlife Resources Commission may by rule prohibit the intentional sweeping ofthat area with lights, or the intentional shining of lights on deer, during theperiod either:
(1) From 11:00 p.m.until one‑half hour before sunrise; or
(2) From one‑halfhour after sunset until one‑half hour before sunrise.
Before adopting this rule, theWildlife Resources Commission must propose it at a public hearing in the areato be closed and seek the reactions of the local inhabitants. The rule mustexempt necessary shining of lights by landholders, motorists engaged in normaltravel on the highway, and campers and others legitimately in the area, who arenot attempting to attract wildlife. This subsection does not limit the right ofhunters to take raccoon and opossum with dogs lawfully at night with a lightunder the terms of subsection (e).
(e2) If the WildlifeResources Commission has enacted a rule under the authority of subsection (e1)prohibiting the shining of lights from 11:00 p.m. until one‑half hourbefore sunrise in any county or area of a county, the Wildlife ResourcesCommission is authorized, without holding an additional public hearing, toextend the applicability of that rule to the period one‑half hour aftersunset to one‑half hour before sunrise upon receipt of a resolution fromthe board of commissioners of the county requesting extension of the period.
(f) To keep NorthCarolina provisions respecting migratory game birds in substantial conformitywith applicable federal law and rules, the Wildlife Resources Commission may byrule, or as provided in subsection (f1) of this section, expand or modifyprovisions of this Article if necessary to achieve such conformity, includingallowing the use of electronic calls. In particular, the Commission mayprohibit the use of rifles, unplugged shotguns, live decoys, and sinkboxes in thetaking of migratory game birds; vary shooting hours; adopt specific distances,not less than 300 yards, hunters must maintain from areas that have beenbaited, and fix the number of days afterwards during which it is still unlawfulto take migratory game birds in the area; and adopt similar provisions withregard to the use of live decoys. In the absence of rules of the WildlifeResources Commission to the contrary, the rules of the United States Departmentof the Interior prohibiting the use of rifles, unplugged shotguns, toxic shotand sinkboxes in taking migratory game birds in North Carolina shall apply, andany violation of such federal rules is unlawful.
(f1) The Commission isauthorized to issue proclamations to allow the use of electronic calls or unpluggedshotguns to achieve substantial conformity with applicable federal law andrules established by the United States Department of Interior or any successoragency. The Commission may delegate this authority to the Executive Director.Each proclamation shall state the hour and date upon which it becomes effectiveand shall be issued at least 48 hours prior to the effective date and time. Apermanent file of the text of all proclamations shall be maintained in theoffice of the Executive Director. Certified copies of proclamations areentitled to judicial notice in any civil or criminal proceeding.
The Executive Director shallmake a reasonable effort to give notice of the terms of any proclamation topersons who may be affected by it. This effort shall include press releases tocommunications media, posting of notices at boating access areas and otherplaces where persons affected may gather, personal communication by agents ofthe Wildlife Resources Commission, and other measures designed to reach personswho may be affected. Proclamations under this subsection shall remain in forceuntil rescinded following the same procedure established for enactment.
(g) If a season is openpermitting such method of taking for the species in question, a hunter may takerabbits, squirrels, opossum, raccoons, fur‑bearing animals, and nongameanimals and birds open to hunting with a pistol of .22 caliber with a barrelnot less than five and one‑half inches in length. In addition, a hunteror trapper lawfully taking a wild animal or wild bird by another lawful methodmay use a knife, pistol, or other swift method of killing the animal or birdtaken. The Wildlife Resources Commission may, however, restrict or prohibit thecarrying of firearms during special seasons or in special areas reserved forthe taking of wildlife with primitive weapons or other restricted methods.
(g1) The WildlifeResources Commission may by rule prescribe the types of handguns and handgunammunition that may be used in taking big game animals other than wild turkey.During the regular gun seasons for taking bear, deer and wild boar theseanimals may be taken with types of handguns and handgun ammunition that shallbe approved for such use by the rules of the Wildlife Resources Commission. TheCommission shall not provide any special season for the exclusive use ofhandguns in taking wildlife.
(h) In the interests ofenhancing the enjoyment of sportsmen, and if consistent with conservationobjectives, the Wildlife Resources Commission may by rule relax requirements ofthis section on controlled shooting preserves and in other highly controlledsituations.
(i) The intentionaldestruction or substantial impairment of wildlife nesting or breeding areas orother purposeful acts to render them unfit is unlawful. These prohibitionsinclude cutting down den trees, shooting into nests of wild animals or birds,and despoliation of dens, nests, or rookeries.
(j) It is unlawful totake deer swimming or in water above the knees of the deer. (C.S., s. 2124; 1935, c.486, s. 20; 1939, c. 235, s. 1; 1949, c. 1205, s. 3; 1955, c. 104; 1959, cc.207, 500; 1961, c. 1182; 1963, c. 381; c. 697, ss. 1, 3½; 1967, c. 858, s. 1;c. 1149, s. 1.5; 1969, cc. 75, 140; 1971, c. 439, ss. 1‑3; c. 899, s. 1;1973, c. 1096; c. 1262, s. 18; 1975, c. 669; 1977, c. 493; 1979, c. 830, s. 1;1979, 2nd Sess., c. 1285, ss. 4‑6; 1983, c. 137, ss. 1, 2; c. 492; 1985,c. 360; c. 554, ss. 1, 2; 1987, cc. 97, 134, 827, s. 98; 1993, c. 539, s. 862;1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 64, s. 1; 1999‑120, s. 1; 2003‑160,s. 1; 2005‑76, ss. 1, 2; 2005‑298, s. 1; 2007‑401, s. 6; 2009‑221,ss. 2, 3.)
§ 113‑291.1. Manner oftaking wild animals and wild birds.
(a) Except as otherwiseprovided, game may only be taken between a half hour before sunrise and a halfhour after sunset and only by one or a combination of the following methods:
(1) With a rifle, exceptthat rifles may not be used in taking wild turkeys.
(2) With a shotgun notlarger than number 10 gauge.
(3) With a bow and arrowof a type prescribed in the rules of the Wildlife Resources Commission.
(4) With the use ofdogs.
(5) By means of falconry.
Fur‑bearing animals may betaken at any time during open trapping season with traps authorized under G.S.113‑291.6 and as otherwise authorized pursuant to this subsection, andrabbits may be box‑trapped in accordance with rules of the Wildlife ResourcesCommission. The Wildlife Resources Commission may adopt rules prescribing themanner of taking wild birds and wild animals not classified as game. Use ofpistols in taking wildlife is governed by subsection (g). The WildlifeResources Commission may prescribe the manner of taking wild animals and wildbirds on game lands and public hunting grounds.
(b) No wild animals orwild birds may be taken:
(1) From or with the useof any vehicle; vessel, other than one manually propelled; airplane; or otherconveyance 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 takenfrom any vessel under sail, under power, or with the engine running or whilestill in motion from such propulsion. No wild animal or wild bird may be takenfrom any vehicle if it is in motion, the engine is running, or the passengerarea of the vehicle is occupied. The prohibition of occupying the passengerarea of a vehicle does not apply to a disabled individual whose mobility isrestricted.
b. For transportationincidental to the taking.
(2) With the use or aidof any artificial light, net, trap, snare, electronic or recorded animal orbird call, or fire, except as may be otherwise provided by statute[;] provided,however, that crows and coyotes may be taken with the aid of electronic callingdevices. 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 ofany salt, salt lick, grain, fruit, honey, sugar‑based material, animalparts or products, or other bait, and no wild turkey may be taken from an areain which bait has been placed until the expiration of 10 days after the baithas been consumed or otherwise removed. The taking of wild animals and wildbirds with poisons, drugs, explosives, and electricity is governed by G.S. 113‑261,G.S. 113‑262, and Article 22A of this Subchapter.
Uponfinding that the placement of processed food products in areas frequented byblack bears is detrimental to the health of individual black bears or isattracting and holding black bears in an area to the extent that the naturalpattern of movement and distribution of black bears is disrupted and bears'vulnerability to mortality factors, including hunting, is increased to a levelthat causes concern for the population, the Wildlife Resources Commission mayadopt rules to regulate, restrict, or prohibit the placement of those productsand prescribe time limits during which hunting is prohibited in areas wherethose products have been placed.
Anyperson who is convicted of unlawfully taking bear or wild boar with the use oraid of any type of bait as provided by this subsection or by rules adoptedpursuant to this subsection is punishable as provided by G.S. 113‑294(c1).
(c) It is a Class 1misdemeanor for any person taking wildlife to have in his possession any:
(1) Firearm equippedwith a silencer or any device designed to silence, muffle, or minimize thereport of the firearm. The firearm is considered equipped with the silencer ordevice whether it is attached to the firearm or separate but reasonablyaccessible for attachment during the taking of the wildlife.
(2) Weapon of mass deathand destruction as defined in G.S. 14‑288.8.
The Wildlife ResourcesCommission may prohibit individuals training dogs or taking particular speciesfrom carrying axes, saws, tree‑climbing equipment, and other implementsthat may facilitate the unlawful taking of wildlife, except tree‑climbingequipment may be carried and used by persons lawfully taking raccoons andopossums during open season.
(d) In accordance withgoverning rules of the Wildlife Resources Commission imposing furtherrestrictions that may be necessary, hunters may conduct field trials with dogsin areas and at times authorized with the use of approved weapons andammunition. The Wildlife Resources Commission may authorize organized retrieverfield trials, utilizing domestically raised waterfowl and game birds, to beheld under its permit.
(d1) Except in areasclosed to protect sensitive wildlife populations, and subject to conditions andrestrictions contained in rules of the Wildlife Resources Commission, huntersmay train dogs during the closed season:
(1) With the use ofweapons and ammunition approved by the Wildlife Resources Commission;
(2) If reasonablecontrol is exercised to prevent the dogs from running unsupervised at large andfrom killing wild animals and wild birds;
(3) On land owned orleased by the dog trainer or upon which the person has written permission totrain dogs; and
(4) Using domesticallyraised waterfowl and game birds, provided the birds are marked and sources aredocumented as required by the Wildlife Resources Commission.
(e) Raccoons andopossum may be taken at night with dogs during seasons set by rules of theWildlife Resources Commission with the use of artificial lights of a typedesigned or commonly used to aid in taking raccoon and opossum. No conveyancemay be used in taking any raccoon or opossum at night, but incidentaltransportation of hunters and dogs to and from the site of hunting ispermitted. The Wildlife Resources Commission may by rule prescribe restrictionsrespecting the taking of frogs, or other creatures not classified as wildlifewhich may be found in areas frequented by game, with the use of an artificiallight, and may regulate the shining of lights at night in areas frequented bydeer as provided in subsection (e1).
(e1) After hearingsufficient evidence and finding as a fact that an area frequented by deer issubject to substantial unlawful night deer hunting or that residents in thearea have been greatly inconvenienced by persons shining lights on deer, theWildlife Resources Commission may by rule prohibit the intentional sweeping ofthat area with lights, or the intentional shining of lights on deer, during theperiod either:
(1) From 11:00 p.m.until one‑half hour before sunrise; or
(2) From one‑halfhour after sunset until one‑half hour before sunrise.
Before adopting this rule, theWildlife Resources Commission must propose it at a public hearing in the areato be closed and seek the reactions of the local inhabitants. The rule mustexempt necessary shining of lights by landholders, motorists engaged in normaltravel on the highway, and campers and others legitimately in the area, who arenot attempting to attract wildlife. This subsection does not limit the right ofhunters to take raccoon and opossum with dogs lawfully at night with a lightunder the terms of subsection (e).
(e2) If the WildlifeResources Commission has enacted a rule under the authority of subsection (e1)prohibiting the shining of lights from 11:00 p.m. until one‑half hourbefore sunrise in any county or area of a county, the Wildlife ResourcesCommission is authorized, without holding an additional public hearing, toextend the applicability of that rule to the period one‑half hour aftersunset to one‑half hour before sunrise upon receipt of a resolution fromthe board of commissioners of the county requesting extension of the period.
(f) To keep NorthCarolina provisions respecting migratory game birds in substantial conformitywith applicable federal law and rules, the Wildlife Resources Commission may byrule, or as provided in subsection (f1) of this section, expand or modifyprovisions of this Article if necessary to achieve such conformity, includingallowing the use of electronic calls. In particular, the Commission mayprohibit the use of rifles, unplugged shotguns, live decoys, and sinkboxes in thetaking of migratory game birds; vary shooting hours; adopt specific distances,not less than 300 yards, hunters must maintain from areas that have beenbaited, and fix the number of days afterwards during which it is still unlawfulto take migratory game birds in the area; and adopt similar provisions withregard to the use of live decoys. In the absence of rules of the WildlifeResources Commission to the contrary, the rules of the United States Departmentof the Interior prohibiting the use of rifles, unplugged shotguns, toxic shotand sinkboxes in taking migratory game birds in North Carolina shall apply, andany violation of such federal rules is unlawful.
(f1) The Commission isauthorized to issue proclamations to allow the use of electronic calls or unpluggedshotguns to achieve substantial conformity with applicable federal law andrules established by the United States Department of Interior or any successoragency. The Commission may delegate this authority to the Executive Director.Each proclamation shall state the hour and date upon which it becomes effectiveand shall be issued at least 48 hours prior to the effective date and time. Apermanent file of the text of all proclamations shall be maintained in theoffice of the Executive Director. Certified copies of proclamations areentitled to judicial notice in any civil or criminal proceeding.
The Executive Director shallmake a reasonable effort to give notice of the terms of any proclamation topersons who may be affected by it. This effort shall include press releases tocommunications media, posting of notices at boating access areas and otherplaces where persons affected may gather, personal communication by agents ofthe Wildlife Resources Commission, and other measures designed to reach personswho may be affected. Proclamations under this subsection shall remain in forceuntil rescinded following the same procedure established for enactment.
(g) If a season is openpermitting such method of taking for the species in question, a hunter may takerabbits, squirrels, opossum, raccoons, fur‑bearing animals, and nongameanimals and birds open to hunting with a pistol of .22 caliber with a barrelnot less than five and one‑half inches in length. In addition, a hunteror trapper lawfully taking a wild animal or wild bird by another lawful methodmay use a knife, pistol, or other swift method of killing the animal or birdtaken. The Wildlife Resources Commission may, however, restrict or prohibit thecarrying of firearms during special seasons or in special areas reserved forthe taking of wildlife with primitive weapons or other restricted methods.
(g1) The WildlifeResources Commission may by rule prescribe the types of handguns and handgunammunition that may be used in taking big game animals other than wild turkey.During the regular gun seasons for taking bear, deer and wild boar theseanimals may be taken with types of handguns and handgun ammunition that shallbe approved for such use by the rules of the Wildlife Resources Commission. TheCommission shall not provide any special season for the exclusive use ofhandguns in taking wildlife.
(h) In the interests ofenhancing the enjoyment of sportsmen, and if consistent with conservationobjectives, the Wildlife Resources Commission may by rule relax requirements ofthis section on controlled shooting preserves and in other highly controlledsituations.
(i) The intentionaldestruction or substantial impairment of wildlife nesting or breeding areas orother purposeful acts to render them unfit is unlawful. These prohibitionsinclude cutting down den trees, shooting into nests of wild animals or birds,and despoliation of dens, nests, or rookeries.
(j) It is unlawful totake deer swimming or in water above the knees of the deer. (C.S., s. 2124; 1935, c.486, s. 20; 1939, c. 235, s. 1; 1949, c. 1205, s. 3; 1955, c. 104; 1959, cc.207, 500; 1961, c. 1182; 1963, c. 381; c. 697, ss. 1, 3½; 1967, c. 858, s. 1;c. 1149, s. 1.5; 1969, cc. 75, 140; 1971, c. 439, ss. 1‑3; c. 899, s. 1;1973, c. 1096; c. 1262, s. 18; 1975, c. 669; 1977, c. 493; 1979, c. 830, s. 1;1979, 2nd Sess., c. 1285, ss. 4‑6; 1983, c. 137, ss. 1, 2; c. 492; 1985,c. 360; c. 554, ss. 1, 2; 1987, cc. 97, 134, 827, s. 98; 1993, c. 539, s. 862;1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 64, s. 1; 1999‑120, s. 1; 2003‑160,s. 1; 2005‑76, ss. 1, 2; 2005‑298, s. 1; 2007‑401, s. 6; 2009‑221,ss. 2, 3.)
