|
20
<br />§113 -291.1 CH. 113, CONSERVATION, ETC. §113 -291.1
<br />(f) To keep North Carolina provisions respecting migratory birds
<br />in substantial conformity with applicable federal law and rules, the
<br />Wildlife Resources Commission may by rule expand or modify pro-
<br />visions of this Article if necessary to achieve such conformity. In
<br />parti -ular, the Commission may prohibit the use of rifles,
<br />unplugged shotguns, live decoys, and sinkboxes in the taking of
<br />migratory game birds; vary shooting hours; adopt specific dis-
<br />tances, not less than 300 yards, hunters must maintain from areas
<br />that have been baited, and fix the number of days afterwards dur-
<br />ing which it is still unlawful to take migratory game birds in the
<br />area; and adopt similar provisions with regard to the use of live
<br />decoys. In the absence of regulations of the Wildlife Resources Com-
<br />mission to the contrary, the regulations of the United States De-
<br />partment of the Interior prohibiting the use of rifles, unplugged
<br />shotguns, toxic shot and sinkboxes in taking migratory game birds
<br />in North Carolina shall apply, and any violation of such federal
<br />regulations is unlawful.
<br />(g) If a season is open permitting such method of taking for the
<br />species in question, a hunter may take rabbits, squirrels, opossum,
<br />raccoons, fur- bearing animals, and nongame animals and birds
<br />open to hunting with a pistol of .22 caliber with a barrel not less
<br />than six inches in length and loaded with long -rifle ammunition. In
<br />addition, a hunter or trapper lawfully taking a wild animal or wild.
<br />bird by another lawful method may use a knife, pistol, or other
<br />swift method of killing the animal or bird taken. The Wildlife Re-
<br />sources Commission may, however, restrict or prohibit the carrying
<br />of firearms during special seasons or in special areas reserved for
<br />the taking of wildlife with primitive weapons or other restricted
<br />methods.
<br />(gl) The Wildlife Resources Commission may by rule prescribe
<br />the types of handguns and handgun ammunition that may be used
<br />in taking big game animals other than wild turkey. During the
<br />regular gun seasons for taking bear, deer and wild boar these ani-
<br />mals may be taken with types of handguns and handgun ammuni-
<br />tion that shall be approved for such use by the rules of the Wildlife
<br />Resources Commission. The Commission shall not provide any spe-
<br />cial season for the exclusive use of handguns in taking wildlife.
<br />(h) In the interests of enhancing the enjoyment of sportsmen, and
<br />if consistent with conservation objectives, the Wildlife Resources
<br />Commission may by rule relax requirements of this section on con-
<br />trolled shooting preserves and in other highly controlled situations.
<br />(i) The intentional destruction or substantial impairment of
<br />wildlife nesting or breeding areas or other purposeful acts to render
<br />them unfit is unlawful. These prohibitions include cutting down
<br />den trees, shooting into nests of wild animals or birds, and despolia-
<br />tion of dens, nests, or rookeries.
<br />0) It is unlawful to take deer swimming or in water above the
<br />knees of the deer. (C.S., s. 2124; 1935, c. 486, s. 20; 1939, c. 235, s. 1;
<br />1949, c. 1205, s. 3; 1955. c. 104; 1959, cc. 207, 500; 1961, c. 1182;
<br />1963, c. 381; c. 697, ss. 1, 31 /2; 1967, c. 858, s. 1; c. 1149, s. 1.5; 1969,
<br />cc. 75, 140; 1971, c. 439, ss. 1 -3; c. 899, s. 1; 1973, c. 1096; c. 1262, s.
<br />18; 1975, c. 669; 1977, c. 493; 1979, c. 830, s. 1; 1979, 2nd Sess., c.
<br />1285, ss. 4 -6; 1983, c. 137, ss. 1, 2; c. 492; 1985, c. 360; c. 554, ss. 1,
<br />2; 1987, cc. 97, 134, 827, s. 98.)
<br />192
<br />
|