S376 [Edition 2]

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S 2

SENATE BILL 376

Agriculture/Environment/Natural Resources Committee Substitute Adopted 5/15/13

Short Title: Landowners/Lessees May Trap Coyotes.		(Public)
Sponsors:
Referred to:

March 21, 2013

A BILL TO BE ENTITLED

AN ACT TO DIRECT THE WILDLIFE RESOURCES COMMISSION TO ENACT RULES FOR THE YEAR ROUND TRAPPING OF COYOTEs AND ESTABLISH A PERMIT FOR THE YEAR ROUND TRAPPING OF COYOTEs BY LANDOWNERS AND LESSEES ON THEIR LAND; TO PROVIDE THE WILDLIFE RESOURCES COMMISSION WITH AUTHORITY TO ESTABLISH TRAPPING SEASONS IN THE EXERCISE OF ITS TEMPORARY RULE-MAKING AUTHORITY; TO INCREASE THE PENALTY FOR UNLAWFULLY SELLING, POSSESSING FOR SALE, BUYING A FOX, OR TAKING ANY FOX BY UNLAWFUL TRAPPING OR WITH THE AID OF ANY ELECTRONIC CALLING DEVICE; AND TO CREATE PENALTIES FOR REMOVING A LIVE COYOTE FROM A TRAP AND TRANSPORTING A LIVE COYOTE AFTER REMOVAL.

The General Assembly of North Carolina enacts:

SECTION 1. Rule making. - The Wildlife Resources Commission is directed to adopt rules allowing a landowner or lessee to trap coyotes on the landowner's or lessee's land outside of trapping seasons established by the Wildlife Resources Commission.

SECTION 2. G.S. 113-274(c) reads as rewritten:

"§ 113-274. Permits.

…

(1d) Out-of-Season Coyote Trapping Permit. - Authorizes a landowner or lessee to trap coyote on the landowner's or lessee's land outside any lawfully established trapping seasons. It shall be unlawful under this permit to remove any coyote taken from a trap while the coyote is still alive or to transport the live coyote after that removal, unless such animal is affixed with an electronic collar. Animals affixed with electronic collars must be handled in accordance with rules of the Wildlife Resources Commission. The permit must state the types of traps used and the disposition of wildlife or wildlife resources authorized and the time for which the permit is valid, plus other restrictions that may be administratively imposed in accordance with rules of the Wildlife Resources Commission, including, but not limited to, required education and understanding of trapping best management practices. Landowners or lessees shall be issued an out-of-season coyote trapping permit upon request.

…."

SECTION 3. G.S. 150B-21.1 reads as rewritten:

"§ 150B-21.1. Procedure for adopting a temporary rule.

(a) Adoption. - An agency may adopt a temporary rule when it finds that adherence to the notice and hearing requirements of G.S. 150B-21.2 would be contrary to the public interest and that the immediate adoption of the rule is required by one or more of the following:

…

(7) The need for the Wildlife Resources Commission to establish any of the following:

a. No wake zones.

b. Hunting or fishing seasons.

c. Hunting or fishing bag limits.

d. Management of public game lands as defined in G.S. 113-129(8a).

e. Trapping seasons.

…."

SECTION 4. G.S. 113-294 reads as rewritten:

"§ 113-294. Specific violations.

…

(j) Any person who unlawfully sells, possesses for sale, or buys a fox, or who takes any fox by unlawful trapping or with the aid of any electronic calling device is guilty of a Class 2 misdemeanor, punishable by a fine of not less than five hundred dollars ($500.00) in addition to any other punishment prescribed for the offense in question. Each of the acts specified shall constitute a separate offense, unless a greater penalty is prescribed for the offense in question.

…

(t) Any person who violates the provisions of G.S. 113-274(c)(1d) by unlawfully removing any coyote taken from a trap while the coyote is still alive or to transport the live coyote after that removal is guilty of a Class 2 misdemeanor, punishable by a fine of not less than five hundred dollars ($500.00) in addition to any other punishment prescribed for the offense in question. The acts of removal from a trap and of transporting the coyote after removal shall constitute separate offenses.

…."

SECTION 5. This act becomes effective October 1, 2013.