§ 113-291.6. Regulation of trapping.
§ 113‑291.6. Regulationof trapping.
(a) No one may takewild animals by trapping upon the land of another without having in hispossession written permission issued and dated within the previous year by theowner of the land or his agent. This subsection does not apply to public landson which trapping is not specifically prohibited, including tidelands,marshlands, and any other untitled land.
(b) No one may takewild animals by trapping with any steel‑jaw, leghold, or conibear trapunless it:
(1) Has a jaw spread ofnot more than seven and one‑half inches.
(2) Is horizontallyoffset with closed jaw spread of at least three sixteenths of an inch for atrap with a jaw spread of more than five and one‑half inches. Thissubdivision does not apply if the trap is set in the water with quick‑drowntype of set.
(3) Is smooth edged andwithout teeth or spikes.
(4) Has a weather‑resistantpermanent tag attached legibly giving the trapper's name and address.
A steel‑jaw or leghold trapset on dry land with solid anchor may not have a trap chain longer than eightinches from trap to anchor unless fitted with a shock‑absorbing deviceapproved by the Wildlife Resources Commission.
(c) No person may setor otherwise use a trap so that animals or birds when caught will be suspended.No hook of any type may be used to take wild animals or wild birds by trapping.
(d) Conibear type trapsthat have an inside jaw spread or opening (width or height) greater than sevenand one‑half inches and no larger than 26 inches in width and 12 inchesin height may only be set in the water and in areas in which beaver and ottermay be lawfully trapped. For the purposes of this section:
(1) A water‑settrap is one totally covered by water with the anchor secured in water deepenough to drown the animal trapped quickly.
(2) In areas of tidalwaters, the mean high water is considered covering water.
(3) In reservoir areas,covering water is the low water level prevailing during the preceding 24 hours.
(4) Marshland, asdefined in G.S. 113‑229(n)(3), is not considered dry land.
(e) With respect to anylawfully placed trap of another set in compliance with the provisions of thissection, no one without the express permission of the trapper may:
(1) Remove or disturbany trap; or
(2) Remove any fur‑bearinganimal from the trap.
This subsection does not apply towildlife protectors or other law‑enforcement officers acting in theperformance of their duties.
(f) Nothing in thissection prohibits the use of steel‑ or metal‑jaw traps by county orState public health officials or their agents to control the spread of diseasewhen the use of these traps has been declared necessary by the State HealthDirector.
(g) The WildlifeResources Commission must include the trapping requirements of this section inits annual digest of hunting and trapping rules provided to each person uponpurchase of a license. (1977, c. 933, ss. 2, 7; 1979, c. 830, s. 1; 1981, c. 729; 1987, c.827, s. 98; 1989, c. 727, s. 114; 1997‑418, s. 5; 2009‑120, s. 1.)