North Carolina § 113-276 - Exemptions and exceptions to license and permit requirements.

§ 113-276. Exemptions and exceptions to license and permit requirements.

, (b) Repealed by Session Laws 1979, c. 830, s. 1. (c) Except as otherwise provided in this Subchapter, every landholder, landholder's spouse, and dependents under 18 years of age residing with the landholder may take wildlife upon the land held by the landholder without any license required by G.S. 113-270.1B or G.S. 113-270.3(a), except that these persons are not exempt from the American alligator licenses established in G.S. 113-270.3(b)(6) and G.S. 113-270.3(b)(7), elk licenses established in G.S. 113-270.3(b)(8) and G.S. 113-270.3(b)(9), bear management stamp established in G.S. 113-270.3(b)(1b), and the falconry license described in G.S. 113-270.3(b)(4). (d) Except as otherwise provided in this Subchapter, individuals under 16 years of age are exempt from the hunting and trapping license requirements of G.S. 113-270.1B(a) and G.S. 113-270.3, except that these individuals are not exempt from the American alligator licenses established in G.S. 113-270.3(b)(6) and G.S. 113-270.3(b)(7), elk licenses established in G.S. 113-270.3(b)(8) and G.S. 113-270.3(b)(9), and the falconry license described in G.S. 113-270.3(b)(4). Individuals under 16 years of age may hunt under this exemption, so long as the hunter is accompanied by an adult of at least 18 years of age who is licensed to hunt in this State. For purposes of this section, "accompanied" means that the licensed adult maintains a proximity that enables the adult to monitor the activities of the hunter by remaining within sight and hearing distance at all times without use of electronic devices. Upon successfully obtaining the hunter education certificate of competency required by G.S. 113-270.1A(a), a hunter may hunt under the license exemption until age 16 without adult accompaniment. Individuals under 16 years of age are exempt from the fishing license requirements of G.S. 113.270.1B(a) and G.S. 113-271. (e) Repealed by Session Laws 2005-455, s. 1.11. (f) A special device license is not required when a landing net is used in any of the following applications: To take nongame fish in inland fishing waters. To assist in taking fish in inland fishing waters when the initial and primary method of taking is by the use of hook and line - so long as applicable hook-and-line fishing-license requirements are met. As used in this subsection, a "landing net" is a net with a handle not exceeding eight feet in length and with a hoop or frame to which the net is attached not exceeding 60 inches along its outer perimeter. (g) Bow nets covered by a special device license may be used in waters and during the seasons authorized in the rules of the Wildlife Resources Commission by an individual other than the licensee with the permission of the licensee. The individual using another's bow net must also secure the net owner's special device license and keep it on or about the individual's person while fishing in inland fishing waters. (h) Repealed by Session Laws 1979, c. 830, s. 1. (i) A food server may prepare edible wildlife lawfully taken and possessed by a patron for serving to the patron and any guest the patron may have. The Executive Director may provide for the keeping of records by the food server necessary for administrative control and supervision with respect to wildlife brought in by patrons. (j) A migrant farm worker who has in his possession a temporary certification of his status as such by the Rural Employment Service of the Division of Employment Security on a form provided by the Wildlife Resources Commission is entitled to the privileges of a resident of the State and of the county indicated on such certification during the term thereof for the purposes of purchasing and using the resident fishing licenses provided by G.S. 113-271(d)(2), (4), and (6)a. (k) Box-trapped rabbits may be released for the purpose of training dogs on an area of private land that is completely enclosed with a metal fence through which rabbits may not escape or enter at any time. The Wildlife Resources Commission may establish rules to set standards for areas on which rabbits are released. A person may participate in a field trial for beagles without a hunting license if approved in advance by the Executive Director, conducted without the use or possession of firearms, and on an area of not more than 100 acres of private land that is completely and permanently enclosed with a metal fence through which rabbits may not escape or enter at any time. ( l ) The fishing license provisions of this Article do not apply upon the lands held in trust by the United States for the Eastern Band of the Cherokee Indians. A person exempted from licensing requirements under this subsection is responsible for complying with any reporting requirements prescribed by rule of the Wildlife Resources Commission, complying with the hunter education requirements of G.S. 113-270.1A, purchasing any federal migratory waterfowl stamps as a result of waterfowl hunting activity, and complying with any other requirements that apply to the holder of a North Carolina license. History (1929, c. 335, ss. 1, 10; 1935, c. 486, s. 12; 1937, c. 45, s. 1; 1945, c. 567, ss. 1, 6; c. 617; 1949, c. 1203, s. 1; 1951, c. 1112, s. 2; 1957, c. 849, s. 1; 1959, c. 304; 1961, cc. 312, 329; c. 834, s. 1; 1963, c. 170; 1965, c. 957, s. 2; 1967, cc. 127, 654, 790; 1969, c. 1030; c. 1042, ss. 1-5; 1971, c. 242; c. 282, s. 1; c. 705, ss. 1, 2; c. 1231, s. 1; 1973, c. 1262, s. 18; 1975, c. 197, ss. 1-4; 1977, c. 191, s. 1; c. 658; 1979, c. 830, s. 1; 1987, c. 827, s. 98; 1993 (Reg. Sess., 1994), c. 684, ss. 6, 8, 9; 1999-456, ss. 29, 30; 2005-285, s. 1; 2005-438, s. 2; 2005-455, ss. 1.11, 1.12, 1.13, 1.14; 2009-25, s. 1; 2009-248, s. 1; 2011-401, s. 3.15; 2013-63, s. 4; 2013-283, s. 14; 2018-90, s. 3; 2019-204, ss. 6(o), 12; 2021-88, s. 10.) Local Modification. - Forsyth County: 2005-257, s. 1. Editor's Note. - Session Laws 2005-285, s. 2, provides: "The Commission of Indian Affairs shall provide the Wildlife Resources Commission with a list of properties owned by State-recognized tribes in this State and update that list whenever additional land is acquired by a tribe. Each tribe shall post tribal land to give notice of its ownership by the tribe." Session Laws 2014-120, s. 60, is a severability clause. Effect of Amendments. - Session Laws 2005-285, s. 1, effective August 22, 2005, added new subsection ( l 1). Session Laws 2005-438, s. 2, effective October 1, 2005, rewrote subsection (d). Session Laws 2005-455, ss. 1.11 and 1.12, effective January 1, 2007, and ss. 1.13 and 1.14, effective September 29, 2005, deleted former subsection (e), which pertained to exemptions from the hook-and-line fishing-license requirements; rewrote subsection (j); in subsection (m), deleted "Notwithstanding any other provision of law" from the beginning of the first sentence, substituted "that day" for "this day" at the end of the first sentence and deleted "still" preceding "apply" in the second sentence; and added subsection (n). Session Laws 2009-25, s. 1, effective July 1, 2009, added subdivision ( l 2). Session Laws 2009-248, s. 1, effective October 1, 2009, rewrote subsection (n). Session Laws 2011-401, s. 3.15, effective November 1, 2011, substituted "Division of Employment Security" for "Employment Security Commission" in subsection (j). Session Laws 2013-63, s. 4, effective July 1, 2013, substituted "education" for "safety" in subsections (d), ( 1 2), and (n); deleted "young" preceding "hunter" in the second and fourth sentences of subsection (d); in subsections (d) and (n), added "of at least 18 years of age" and substituted "of the hunter by remaining within sight and hearing distance at all times without use of electronic devices" for "of, and communicate with, the young hunter at all time" or similar language; and substituted "that" for "to the license exempt individual which" in the last sentence of subsection (n). Session Laws 2013-283, s. 14, effective August 1, 2014, added "the bear management stamp established in G.S. 113-270.3(b)(1b) and" in subsection (c); and added "113-270.3(b)(1a), 113-270.3(b)(1b), 113-270.3(b)(2)" in subsection (n). Session Laws 2018-90, s. 3, effective July 1, 2018, rewrote subsection (c); inserted "that such individuals are not exempt from the American alligator licenses established in G.S. 113-270.3(b)(6) and G.S. 113-270.3(b)(7), elk licenses established in G.S. 113-270.3(b)(8) and G.S. 113-270.3(b)(9), and" preceding "the falconry license" in subsection (d); and added the first two sentences in subsection (k). Session Laws 2019-204, s. 6(o), effective September 1, 2019, substituted "G.S. 113-270.3" for "G.S. 113-270.3(a)" in the first sentence of subsection (d); deleted "G.S. 113-272" following "G.S. 113-271" in subsection ( l 2); and deleted "113-272" following "113-271" in subsection (n). Session Laws 2019-204, s. 12, effective October 1, 2019, added subsection (o). Session Laws 2021-88, s. 10, effective July 22, 2021, substituted "landholder's" for "his," "the landholder" for "him," and "these persons" for "such persons" in subsection (c); rewrote subsection (d); inserted "in any of the following applications" in subsection (f), and made a stylistic change; substituted "the individual's" for "his" in subsection (g); substituted "the patron" for "he" in subsection (i); substituted "that is completely" for "which is completely" two times in subsection (k); deleted "G.S. 113-272.2(e)(1)" following "G.S. 113-271" in subsection ( l 2); in the last paragraph in subsection ( l 2), inserted "apply to" preceding "the holder," and deleted "is subject to" following "license"; and rewrote subsection (n).