GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2001

 

 

SESSION LAW 2001-91

SENATE BILL 888

 

 

AN ACT TO INCREASE THE FEES FOR NONRESIDENT HUNTING LICENSES, TO PROVIDE FOR A BEAR/WILD BOAR HUNTING LICENSE, AND TO MAKE OTHER CHANGES AFFECTING LICENSES ISSUED BY THE WILDLIFE RESOURCES COMMISSION.

 

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 113-270.1C(b) reads as rewritten:

"(b)      Combination hunting and fishing licenses issued by the Wildlife Resources Commission are:

(1)       Resident Annual Combination Hunting and Fishing License - $20.00. This license shall be issued only to an individual resident of the State.

(2),      (3) Repealed by Session Laws 1997-326, s. 2.

(4)       Lifetime Combination Hunting and Fishing License for Disabled Residents - $10.00. This license shall be issued only to (i) an individual resident of the State who is a fifty percent (50%) or more disabled veteran as determined by the United States Department of Veterans Affairs, remaining valid for the lifetime of the individual so long as the individual remains fifty percent (50%) or more disabled; or (ii) an individual resident of the State who is totally disabled, remaining valid for the lifetime of the individual so long as the individual remains totally disabled. For purposes of this section, "totally disabled" means physically incapable of being gainfully employed. The application form for this license, to be provided by the Wildlife Resources Commission, allows a person to apply only for the fishing privileges conveyed by the license. This license entitles the holder to fish in public mountain trout waters as provided in G.S. 113-272(a)."

SECTION 2.  G.S. 113-270.2(c) reads as rewritten:

"(c)      The hunting licenses issued by the Wildlife Resources Commission are as follows:

(1)       Resident State Hunting License - $15.00. This license shall be issued only to an individual resident of the State.

(2)       Lifetime Resident Comprehensive Hunting License - $250.00. This license shall be issued only to an individual resident of the State and is valid for the lifetime of the holder.

(3)       Resident County Hunting License - $10.00. This license shall be issued only to an individual resident of the State and is valid only in the county of residence of the license holder.

(4)       Controlled Hunting Preserve Hunting License - $15.00. This license shall be issued to an individual resident or nonresident to take only foxes and domestically raised game birds, other than wild turkey, only within a controlled hunting preserve licensed and operated in accordance with G.S. 113-273(g) and implementing rules of the Wildlife Resources Commission.

(5)       Resident Annual Comprehensive Hunting License - $30.00. This license shall be issued only to an individual resident of the State.

(6)       Nonresident State Hunting License. This license shall be issued only to a nonresident. The nonresident State hunting licenses issued by the Wildlife Resources Commission are:

a.         Season License - $40.00. $60.00.

b.         Six-Day License - $25.00. $40.00. This license is valid for the six consecutive dates indicated on the license."

SECTION 3.  G.S. 113-270.3(b) reads as rewritten:

"(b)      The special activity licenses issued by the Wildlife Resources Commission are as follows:

(1)       Resident Big Game Hunting License - $10.00. This license shall be issued only to an individual resident of the State and entitles the holder to take big game by all lawful methods and during all open seasons.

(1a)     Nonresident Bear Bear/Wild Boar Hunting License - $100.00. $125.00. This license is valid for use only by an individual within the State and must be procured before taking any bear or wild boar within the State. Notwithstanding any other provision of law, a nonresident individual may not take any bear or wild boar within the State without procuring this license; provided, that those persons who have a nonresident lifetime sportsman combination license purchased prior to July 1, 1993, May 24, 1994, shall not have to purchase this license.

(2)       Nonresident Big Game Hunting License. This license shall be issued only to an individual nonresident of the State and entitles the holder to take big game by all lawful methods and during all open seasons. The nonresident big game hunting licenses issued by the Wildlife Resources Commission are:

a.         Season License - $40.00. $60.00.

b.         Six-Day License - $25.00. $40.00. This license is only valid for the six consecutive dates indicated on the license.

(3)       Game Land License - $15.00. This license shall be issued to an individual resident or nonresident of the State and entitles the holder to hunt and trap on game lands managed by the Wildlife Resources Commission. The Wildlife Resources Commission may, pursuant to G.S. 113-264(a), designate in its rules other activities on game lands that require purchase of this license and may charge additional fees for use of specially developed facilities.

(4)       Falconry License - $10.00. This license shall be issued to an individual resident or nonresident of the State and must be procured before:

a.         Taking, importing, transporting, or possessing a raptor; or

b.         Taking wildlife by means of falconry.

            The Wildlife Resources Commission may issue classes of falconry licenses necessary to participate in the federal/State permit system, require necessary examinations before issuing licenses or permits to engage in various authorized activities related to possession and maintenance of raptors and the sport of falconry, and regulate licenses as required by governing federal law and rules. To defray the costs of administering required examinations, the Wildlife Resources Commission may charge reasonable fees upon giving them. To meet minimum federal standards plus other State standards in the interests of conservation of wildlife resources, the Wildlife Resources Commission may impose all necessary controls, including those set out in the sections pertaining to collection licenses and captivity licenses, and may issue permits and require reports, but no collection license or captivity license is needed in addition to the falconry license.

(5)       Migratory Waterfowl Hunting License - $10.00. This license shall be issued to an individual resident or nonresident of the State and entitles the holder to take migratory waterfowl in accordance with applicable laws and regulations. The Wildlife Resources Commission may implement this license requirement through the sale of an official waterfowl stamp which may be a facsimile, in an appropriate size, of the waterfowl conservation print authorized by G.S. 113-270.2B. An amount not less than one-half of the annual proceeds from the sale of this license shall be used by the Commission for cooperative waterfowl habitat improvement projects through contracts with local waterfowl interests, with the remainder of the proceeds to be used by the Commission in its statewide programs for the conservation of waterfowl."

SECTION 4.  G.S. 113-270.4 reads as rewritten:

"§ 113-270.4.  Hunting and fishing guide license.

(a)       No one may serve for hire as a hunting or fishing guide without having first procured a current and valid hunting and fishing guide license. This license is valid only for use by an individual meeting the criteria set by the Wildlife Resources Commission for issuance of the license subject to the limitations set forth in this section. Possession of the hunting and fishing guide license does not relieve the guide from meeting other applicable license requirements. A nonresident may be licensed pursuant to this section only upon the same or similar terms that a North Carolina resident may be licensed in the nonresident's state of residence. The Wildlife Resources Commission may enter into such reciprocal agreements with other states as are necessary to obtain a hunting and fishing guide license in North Carolina subject to the foregoing provisions.

(b)       The hunting and fishing guide license is an annual license issued upon payment of ten dollars ($10.00) beginning July 1 of each year running until the following June 30. licenses issued by the Wildlife Resources Commission are:

(1)       Resident Hunting and Fishing Guide License - $10.00. This license is valid for use only by an individual resident of the State.

(2)       Nonresident Hunting and Fishing Guide License - $100.00. This license is valid for use by a nonresident individual in the State.

(c)       The Wildlife Resources Commission may by rule provide for the qualifications and duties of hunting and fishing guides. In implementing this section, the Wildlife Resources Commission may delegate to the Executive Director and his subordinates administrative responsibilities concerning the selection and supervision of hunting and fishing guides, except that provisions relating to revocation of hunting and fishing guide licenses must be substantially set out in the rules of the Wildlife Resources Commission."

SECTION 5.  G.S. 113-270.5(a) reads as rewritten:

"(a)      Except as otherwise specifically provided by law, no one may take fur-bearing animals by trapping, or by any other authorized special method that preserves the pelt from injury, without first having procured a current and valid trapping license. When the trapping license is required, it serves in lieu of a hunting license in the taking of fur-bearing animals. If fur-bearing animals are taken as game, at the times and by the hunting methods that may be authorized, hunting license requirements apply. All trapping licenses are annual licenses issued beginning July 1 each year running until the following June 30."

SECTION 6.  G.S. 113-272(a) reads as rewritten:

"(a)      Except as provided in G.S. 113-270.1D G.S. 113-270.1D, G.S. 113-270.1C(b), and G.S. 113-271(a), no one may fish in public mountain trout waters without having first procured a current and valid special trout license in addition to a hook-and-line fishing license required in G.S. 113-271. When public mountain trout waters occur on game lands, this license entitles the holder to use game lands only for the purpose of access to public mountain trout waters to fish with hook and line."

SECTION 7.  G.S. 113-272.2 reads as rewritten:

"§ 113-272.2.  Special device licenses.

(a)       Except as otherwise specifically provided by law, no one may fish in inland fishing waters with any special device without having first procured a current and valid special device license. Special devices are all devices used in fishing other than hook and line.

(b)       All special device licenses are annual licenses issued beginning July 1 each year running until the following June 30.

(c)       The special device licenses issued by the Wildlife Resources Commission are as follows:

(1)       Resident Noncommercial Special Device License - $10.00. Except as rules of the Wildlife Resources Commission provide for use of equipment by more than one person, this license is valid only for use by an individual resident of the State. It authorizes the taking of nongame fish from inland fishing waters with no more than three special devices authorized by the rules of the Wildlife Resources Commission for use in specified waters. The Wildlife Resources Commission may restrict the user of the license to specified registered equipment, require tagging of items of equipment, charge up to one dollar ($1.00) per tag issued, and require periodic catch data reports. Unless specifically prohibited, nongame fish lawfully taken under this license may be sold.

(1a)     Resident Commercial Special Device License - $100.00. Except as rules of the Wildlife Resources Commission provide for use of equipment by more than one person, this license is valid only for use by an individual resident of the State. It authorizes the taking of nongame fish from inland fishing waters with four or more special devices authorized by the rules of the Wildlife Resources Commission for use in specified waters. The Wildlife Resources Commission may restrict the user of the license to specified registered equipment, require tagging of items of equipment, charge up to one dollar ($1.00) per tag issued, and require periodic catch data reports. Nongame fish lawfully taken under this license may be sold.

(2)       Nonresident Noncommercial Special Device License - $50.00. Except as rules of the Wildlife Resources Commission provide for use of equipment by more than one person, this license is valid for use only by an individual within the State. It is otherwise subject to the terms and conditions set out in subdivision (1) of this subsection.

(2a)     Nonresident Commercial Special Device License - $100.00 or the amount the nonresident's state of residence charges a North Carolina resident to engage in the activity authorized by this license, whichever is higher. $200.00. Except as rules of the Wildlife Resources Commission provide for use of equipment by more than one person, this license is valid only for use by an individual within the State. It is otherwise subject to the terms and conditions set out in subdivision (1a) of this subsection.

(3),      (4) Repealed by Session Laws 1987, c. 156, s. 11.

(d)       Repealed by Session Laws 1995, c. 36, s. 2."

SECTION 8.  This act becomes effective July 1, 2001.

In the General Assembly read three times and ratified this the 9th day of May, 2001.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 12:43 p.m. this 18th day of May, 2001