§ 113-291.3. Possession, sale, and transportation of wildlife.
§ 113‑291.3. Possession, sale, and transportation of wildlife.
(a) Live wildlife and the nests and eggs of wild birds may betaken, possessed, transported, bought, sold, imported, exported, or otherwiseacquired or disposed of only as specifically authorized in this Subchapter orits implementing rules. The Wildlife Resources Commission may impose necessaryreporting, permit, and tagging requirements in regulating activities involvinglive wildlife and the nests and eggs of wild birds. The Wildlife ResourcesCommission may charge a reasonable fee to defray the cost of any taggingprocedure.
(b) With respect to dead wildlife:
(1) Lawfully taken wildlife may be possessed and transported asprovided in G.S. 113‑291.2. Wildlife possessed under any dealer licensemay be possessed and transported in accordance with the provisions of law andrules applicable to the license, and wildlife may be sold to qualified personsif authorized under provisions governing the license. In other situations,except as this Subchapter may expressly provide, possession and transportationof wildlife may be regulated by the Wildlife Resources Commission.
(2) Unless there is a specific restriction on the transfer ofthe species in question, an individual may accept the gift of wildlife lawfullytaken within North Carolina if taking possession does not cause him to exceedapplicable possession limits. If he notes and preserves in writing the name andaddress of the donor and under what license or exemption from licenserequirements the wildlife was taken, he may possess that wildlife without apermit in the places possession without a permit would be authorized in G.S.113‑291.2 had he taken the wildlife.
(3) A licensed taxidermist or other licensed dealer takingtemporary possession of wildlife of another may possess the wildlife that he isauthorized to handle under his license in accordance with the rules of theWildlife Resources Commission. A person not a dealer operating a preservationor processing facility, whether commercially or not, may possess the wildlifeowned by another without any permit or license if he ascertains that thewildlife was lawfully taken within the State and keeps a written record of:
a. The name and address of the owner of the wildlife and anadequate description of the wildlife left with him. If the description of thewildlife changes as the result of processing, the new description must berecorded.
b. The date, serial number, and type of the license under whichthe wildlife was taken or the applicable exemption from license requirementswhich the taker met.
c. The date all wildlife left with him is received and returnedto the owner. If the receiving or returning of possession is to an agent orcommon carrier or otherwise occurs under circumstances in which permitrequirements may apply, the type and date of the permit which authorizes thetransaction must also be recorded.
(4) The sale of rabbits and squirrels and their edible parts notfor resale is permitted. If the Wildlife Resources Commission finds that affectedgame populations would not be endangered, it may authorize the sale of heads,antlers, horns, hides, skins, plumes, feet, and claws of one or more gameanimals or birds. In addition, it may authorize the sale of bobcats, opossums,and raccoons, and their parts, following their taking as game animals. No partof any bear or wild turkey may be sold under the above provisions, however, andno part of any fox taken in North Carolina may be sold except as provided inG.S. 113‑291.4. In regulating sales, the Wildlife Resources Commissionmay impose necessary permit requirements.
(5) Lawfully taken fur‑bearing animals and their parts,including furs and pelts, may, subject to any tagging and reportingrequirements, be possessed, transported, bought, sold, given or received as agift, or otherwise disposed of without restriction. The Wildlife ResourcesCommission may regulate the importation of wildlife from without the State byfur dealers, and may regulate the sale of fox fur and other wildlife hides takenwithin the State if sale of them is authorized. Fox furs lawfully taken withoutthe State may be imported, possessed, transported, bought, sold, and exportedin accordance with reasonable rules of the Wildlife Resources Commission.Processed furs acquired through lawful channels within or without the State bypersons other than fur dealers are not subject to rule.
(6) Nongame animals and birds open to hunting and nongame fishlawfully taken, except as this Subchapter and its implementing rules expresslyprovide otherwise, may be possessed, transported, bought, sold, given orreceived as a gift, or otherwise disposed of without restriction.
(7) The possession and disposition of wild animals and wildbirds killed accidentally or to prevent or halt depredations to property aregoverned by G.S. 113‑274(c)(1a).
(8) The edible parts of deer raised domestically in anotherstate may be transported into this State and resold as a meat product for humanconsumption when the edible parts have passed inspection in the other state bythat state's inspection agency or the United States Department of Agriculture.
(c) The Wildlife Resources Commission may make reasonable rulesgoverning the marking of packages, crates, and other containers in whichwildlife may be shipped.
(d) Any person hiring a hunter or trapper to take game is deemedto be buying game. Any hunter or trapper who may be hired is deemed to beselling game. (1935, c. 486, ss.19, 22; 1941, c. 231, s. 1; 1973, c. 1262, s. 18; 1979, c. 830, s. 1; 1979, 2ndSess., c. 1285, s. 8; 1987, c. 827, s. 98; 1997‑142, s. 15; 1997‑456,s. 44.)