GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-339
The General Assembly of North Carolina enacts:
Section 1. G.S. 113-129 is amended by adding a new subdivision to read:
"(11c) Migratory Waterfowl; Waterfowl. - Those migratory birds for which open seasons are prescribed by the United States Department of the Interior and belonging to the Family Anatidae (wild ducks, geese, brant, and swans)."
Section 2. G.S. 113-129(11c) reads as rewritten:
"(11c) (11d)
Nongame Animals. - All wild animals except game and fur-bearing animals."
Section 3. G.S. 113-129(11d) reads as rewritten:
"(11d) (11e)
Nongame Birds. - All wild birds except game birds."
Section 4. G.S. 113-270.1D(a) reads as rewritten:
"(a) Annual Sportsman
License - $40.00. This license shall be issued only to an individual resident
of the State and entitles the holder to take all wild animals and wild birds, other
than including waterfowl, by all lawful methods in all open seasons,
including the use of game lands, and to fish with hook and line for all fish in
all inland and joint fishing waters, including public mountain trout
waters."
Section 5. G.S. 113-270.2(a) reads as rewritten:
"(a) The hunting licenses set forth in subdivisions (1), (3), and (6) of subsection (c) of this section entitle the holder to take, except on game lands, wild birds and wild animals, other than big game and waterfowl, by all lawful methods and in all open seasons. The comprehensive hunting licenses of subdivisions (2) and (5) of subsection (c) of this section further entitle the holder to take big game and waterfowl and to use game lands."
Section 6. G.S. 113-270.3(b)(5) reads as rewritten:
"(5) Migratory Waterfowl
Hunting License - $5.00. $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 7. G.S. 113-291.2(a) reads as rewritten:
"(a) In accordance with
the supply of wildlife and other factors it determines to be of public
importance, the Wildlife Resources Commission may fix seasons and bag limits
upon the wild animals and wild birds authorized to be taken that it deems
necessary or desirable in the interests of the conservation of wildlife
resources. The authority to fix seasons includes the closing of seasons
completely when necessary and fixing the hours of hunting. The authority to fix
bag limits includes the setting of season and possession limits. Different
seasons and bag limits may be set in differing areas; early or extended seasons
and different or unlimited bag limits may be authorized on controlled shooting
preserves, game lands, and public hunting grounds; and special or extended
seasons may be fixed for those engaging in falconry, using primitive weapons,
or taking wildlife under other special conditions. Unless modified
Unless modified by rules of the Wildlife Resources
Commission, the seasons, shooting hours, bag limits, and possession limits fixed
by the United States Department of Interior or any successor agency for
migratory game birds in North Carolina must be followed, and a violation of the
applicable federal rules is hereby made unlawful. When the applicable federal
rules require that the State limit participation in seasons and/or bag limits
for migratory game birds, the Wildlife Resources Commission may schedule
managed hunts for migratory game birds. Participants in such hunts shall be
selected at random by computer from properly licensed applicants. applicants,
and each applicant shall provide proof satisfactory to the Wildlife Resources
Commission that the applicant is the lawful holder of a North Carolina hunting
license that has the applicable migratory game bird hunting privilege. A
nonrefundable fee of five dollars ($5.00) ten dollars ($10.00) shall
be required of each applicant to defray the cost of processing the
applications.
Where there is a muzzle-loading firearm season for deer, with a bag limit of five or more, one antlerless deer may be taken. Dogs may not be used for hunting deer during such season."
Section 8. This act becomes effective July 1, 1999.
In the General Assembly read three times and ratified this the 13th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 8:35 p.m. this 22nd day of July, 1999