§ 113-291.4. Regulation of foxes; study of fox and fur-bearer populations.
§ 113‑291.4. Regulationof foxes; study of fox and fur‑bearer populations.
(a) All of theregulatory powers granted the Wildlife Resources Commission generally withrespect to game, wild animals, and wildlife apply to foxes unless there arespecific overriding restrictions in this section.
(b) Except for anyclosed season under subsection (h), foxes may be taken with dogs both night andday on a year‑round basis.
(c) Foxes may not betaken with firearms except:
(1) As provided insubsection (f) or (i) of this section or G.S. 113‑291.4A(a).
(2) As an incidentalmethod of humanely killing them following any lawful method of taking that doesnot result in death.
(3) When they arelawfully shot under laws and rules pertaining to the destruction of animalscommitting depredations to property.
(d) Foxes may not betaken with the aid of any electronic calling device.
(e) The WildlifeResources Commission is directed to improve its capabilities for studying foxand fur‑bearer populations generally and, on the basis of its presentknowledge and future studies, to implement management methods and imposecontrols designed to produce optimum fox and fur‑bearer populations inthe various areas of the State.
(f) If, on the basisof its studies and other information available, the Wildlife ResourcesCommission determines the population of foxes in an area is fully adequate tosupport a harvesting of that population, the Wildlife Resources Commission may,upon passage of local legislation permitting same, open a season for takingfoxes by trapping. When the season is open for trapping, foxes may also betaken by the use of methods lawful for taking game animals, including the useof firearms. Any bag, possession, or season limits imposed on foxes taken fromthe area in question will apply in the aggregate to all foxes killed withoutregard to the method of taking.
(f1) In those countiesin which open seasons for taking foxes with weapons and by trapping wereestablished between June 18, 1982, and July 1, 1987, in accordance with theprocedure then set forth in subsection (f) of this section, the WildlifeResources Commission is authorized to continue such seasons from year to yearso long as the fox populations of such counties remain adequate to support theresulting harvest. The counties referred to in this subsection are as follows:Caswell, Clay, Graham, Henderson, Hyde, Macon, and Tyrrell.
(g) The WildlifeResources Commission may provide for the sale of foxes lawfully taken in areasof open season as provided in subsection (f), under a system providing strictcontrols. The Wildlife Resources Commission must implement a system of taggingfoxes and fox furs with a special fox tag, and the Commission may charge twodollars and twenty‑five cents ($2.25) for each tag furnished to hunters,trappers, and fur dealers. The fox tag or tags must be procured before takingfoxes by any method designed to kill foxes or when the intent is to harvestfoxes. The number of tags furnished to any individual may be limited as to areaand as to number in accordance with area, bag, possession, or season limitsthat may be imposed on foxes. No person may continue to hunt or trap foxesunder this fox harvesting provision unless he still has at least one validunused fox tag lawful for use in the area in question. A person hunting foxeswith dogs not intending to kill them need not have any fox tag, but any foxaccidentally killed by that hunter must be disposed of without sale as providedbelow, and no foxes not tagged may be sold. The Wildlife Resources Commissionmay by rule provide reporting and controlled‑disposition requirements,not including sale, of foxes killed accidentally by dog hunters, motorvehicles, and in other situations; it may also impose strict controls on thedisposition of foxes taken by owners of property under the laws and rulesrelating to depredations, and authorize sale under controlled conditions offoxes taken under depredation permits.
(h) In any area of theState in which the Wildlife Resources Commission determines that hunting offoxes with dogs has an appreciably harmful effect upon turkey restorationprojects, it may declare a closed season for an appropriate length of time uponthe taking with dogs of all species of wild animals and birds. Except asotherwise provided in G.S. 113‑291.1(d) or (d1), this subsection does notprohibit lawful field trials or the training of dogs.
(i) Upon notificationby the State Health Director of the presence of a contagious animal disease ina local fox population, the Commission is authorized to establish suchpopulation control measures as are appropriate until notified by public healthauthorities that the problem is deemed to have passed. (1979, c. 830, s. 1; 1981(Reg. Sess., 1982), c. 1203, ss. 1‑3; 1985, c. 476, s. 2; 1987, c. 726,s. 1; c. 827, s. 98; 1989, c. 504, s. 2; c. 616, s. 4; c. 727, s. 113; 1991, c.483, s. 1(a), (b); 1993, c. 208, s. 4; 2008‑102, s. 3.)