A BILL TO BE ENTITLED
AN ACT to provide the wildlife resources commission authority to regulate the taking of foxes and coyotes.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 113‑129(7a) is amended to read:
"(7a)	Fur‑bearing Animals. – Beaver, mink, muskrat, nutria, otter, skunk, and weasel; coyote, gray fox, red fox, bobcat, opossum, and raccoon when lawfully taken with traps."
SECTION 1.(b)  G.S. 113‑129(7c) is amended to read:
"(7c)	Game Animals. – Bear,  rabbit, squirrel, wild boar, white‑tailed deer, and, except when trapped in accordance with provisions relating to fur‑bearing animals, coyote, gray fox, red fox, bobcat, opossum, and raccoon."
SECTION 2.(a)  G.S. 113‑291.1(b) reads as rewritten:
"(b)	No wild animals or wild birds may be taken:
(1)	From or with the use of any vehicle; vessel, other than one manually propelled; airplane; or other conveyance except that the use of vehicles and vessels is authorized:
a.	As hunting stands, subject to the following limitations. No wild animal or wild bird may be taken from any vessel under sail, under power, or with the engine running or while still in motion from such propulsion. No wild animal or wild bird may be taken from any vehicle if it is in motion, the engine is running, or the passenger area of the vehicle is occupied. The prohibition of occupying the passenger area of a vehicle does not apply to a disabled individual whose mobility is restricted.
b.	For transportation incidental to the taking.
(2)	With the use or aid of any artificial light, net, trap, snare, electronic or recorded animal or bird call, or fire, except as may be otherwise provided by statute[;] provided, however, that crows, red foxes, gray foxes, bobcats, and coyotes may be taken with the aid of electronic calling devices. No wild birds may be taken with the use or aid of salt, grain, fruit, or other bait. No black bear or wild boar may be taken with the use or aid of any salt, salt lick, grain, fruit, honey, sugar‑based material, animal parts or products, or other bait, and no wild turkey may be taken from an area in which bait has been placed until the expiration of 10 days after the bait has been consumed or otherwise removed. The taking of wild animals and wild birds with poisons, drugs, explosives, and electricity is governed by G.S. 113‑261, G.S. 113‑262, and Article 22A of this Subchapter.
Upon finding that the placement of processed food products in areas frequented by black bears is detrimental to the health of individual black bears or is attracting and holding black bears in an area to the extent that the natural pattern of movement and distribution of black bears is disrupted and bears' vulnerability to mortality factors, including hunting, is increased to a level that causes concern for the population, the Wildlife Resources Commission may adopt rules to regulate, restrict, or prohibit the placement of those products and prescribe time limits during which hunting is prohibited in areas where those products have been placed.
Any person who is convicted of unlawfully taking bear or wild boar with the use or aid of any type of bait as provided by this subsection or by rules adopted pursuant to this subsection is punishable as provided by G.S. 113‑294(c1)."
SECTION 2.(b)  G.S. 113‑291.1(g) reads as rewritten:  
"(g)	The Wildlife Resources Commission may by rule prescribe the types of handguns and handgun ammunition that may be used in taking   rabbits, squirrels, opossum, raccoons, fur‑bearing animals, bobcats, coyotes, gray foxes, red foxes, and nongame animals and birds open to hunting.  In addition, a hunter or trapper lawfully taking a wild animal or wild bird by another lawful method may use a knife, pistol, or other swift method of killing the animal or bird taken. The Wildlife Resources Commission may, however, restrict or prohibit the carrying of firearms during special seasons or in special areas reserved for the taking of wildlife with primitive weapons or other restricted methods."
SECTION 3.  G.S. 113‑291.4 reads as rewritten:
"§ 113‑291.4.  Regulation of foxes; study of fox and fur‑bearer populations.
(a)	All of the regulatory powers granted the Wildlife Resources Commission generally with respect to game, fur‑bearing animals, wild animals, and wildlife apply to  foxes.  To the extent that the Wildlife Resources Commission rules for taking foxes conflict with any provisions of any local act, the Wildlife Resources Commission rules prevail. The fact that a local act in conflict with the Wildlife Resources Commission rules for taking foxes has not been specifically repealed does not indicate an intent for the local act to prevail.
									
(g)	The Wildlife Resources Commission may provide for the sale of red and gray foxes lawfully taken in areas of open  season.  The Wildlife Resources Commission may  implement a system of tagging red and gray foxes and red and gray fox furs with a special fox tag, and the Commission may charge two dollars and twenty‑five cents ($2.25) for each tag furnished to hunters, trappers, and fur dealers.  The Wildlife Resources Commission may by rule provide reporting and controlled‑disposition  requirements of red and gray foxes killed accidentally by dog hunters, motor vehicles, and in other situations; it may also impose strict controls on the disposition of red and gray foxes taken by owners of property under the laws and rules relating to depredations, and authorize sale under controlled conditions of red and gray foxes taken under depredation permits.
(h)	In any area of the State in which the Wildlife Resources Commission determines that hunting of red and gray foxes with dogs has an appreciably harmful effect upon turkey restoration projects, it may declare a closed season for an appropriate length of time upon the taking with dogs of all species of wild animals and birds. Except as otherwise provided in G.S. 113‑291.1(d) or (d1), this subsection does not prohibit lawful field trials or the training of dogs.
(i)	Upon notification by the State Health Director of the presence of a contagious animal disease in a local fox population, the Commission is authorized to establish such population control measures as are appropriate until notified by public health authorities that the problem is deemed to have passed."
SECTION 4.  G.S. 113‑291.4A reads as rewritten:
"§ 113‑291.4A.  Open seasons for taking foxes with firearms.
(a)	There is an open season for the taking of foxes with firearms in all areas of the State east of Interstate Highway 77 and in Mitchell and Caldwell Counties from the beginning of the season established by the Wildlife Resources Commission for the taking of rabbits and quail through January 1 of each year. The selling, buying, or possessing for sale of any fox or fox part taken pursuant to this subsection is prohibited, and is punishable as provided by G.S. 113‑294(a) or (j).
(b)	The Wildlife Resources Commission shall establish appropriate bag and season limits that may be imposed upon the taking of red and gray foxes pursuant to this act, and may make reasonable rules governing the possession of red and gray foxes killed by motor vehicles or other accidental means.
(c)	The Wildlife Resources Commission may adopt rules prescribing an open season for taking red and gray foxes and coyotes with firearms. G.S. 113‑291.4A(a) and (b) are repealed as of the effective date of those rules."
SECTION 5.  G.S. 113‑133.1(e) reads as rewritten:
"(e)	Because of strong community interest expressed in their retention, the local acts or portions of local acts listed in this section are not repealed. The following local acts are retained to the extent they apply to the county for which listed:
Alleghany: Session Laws 1951, Chapter 665; Session Laws 1977, Chapter 526; Session Laws 1979, Chapter 556.

Avery: Former G.S. 113‑122.
Beaufort: Session Laws 1947, Chapter 466, as amended by Session Laws 1979, Chapter 219; Session Laws 1957, Chapter 1364; Session Laws 1971, Chapter 173.
Bertie: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 287.
Bladen:   Session Laws 1961, Chapter 348 (as it applies to Bladen residents fishing in Robeson County); Session Laws 1961, Chapter 1023; Session Laws 1971, Chapter 384.
Brunswick: Session Laws 1975, Chapter 218.
Buncombe: Public‑Local Laws 1933, Chapter 308.
Burke: Public‑Local Laws 1921, Chapter 454; Public‑Local Laws 1921 (Extra Session), Chapter 213, Section 3 (with respect to fox seasons); Public‑Local Laws 1933, Chapter 422, Section 3; Session Laws 1977, Chapter 636.
Caldwell: Former G.S. 113‑122; Session Laws 1977, Chapter 636; Session Laws 1979, Chapter 507.
Camden: Session Laws 1955, Chapter 362 (to the extent it applies to inland fishing waters); Session Laws 1967, Chapter 441.
Carteret: Session Laws 1955, Chapter 1036; Session Laws 1977, Chapter 695.
Caswell: Public‑Local Laws 1933,  Chapter 311.
 
Chatham: Public‑Local Laws 1937 Chapter 236; Session Laws 1963, Chapter 271.
Chowan: Session Laws 1979, Chapter 184; Session Laws 1979, Chapter 582.
Cleveland:  Session Laws 1979, Chapter 587.
Columbus: Session Laws 1951, Chapter 492, as amended by Session Laws 1955, Chapter 506.
Craven: Session Laws 1971, Chapter 273, as amended by Session Laws 1971, Chapter 629.
Cumberland: Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 471.
Dare: Session Laws 1973, Chapter 259.
 
Duplin:  Session Laws 1973 (Second Session 1974), Chapter 1266; Session Laws 1979, Chapter 466.
Edgecombe: Session Laws 1961, Chapter 408.
Gates: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748.
 
Greene:  Session Laws 1979, Chapter 360.
Halifax: Session Laws 1947, Chapter 954; Session Laws 1955, Chapter 1376.

Hertford: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67.
Hoke: Session Laws 1963, Chapter 267.
Hyde: Public‑Local Laws 1929, Chapter 354, Section 1 (as it relates to foxes); Session Laws 1951, Chapter 932.
Iredell: Session Laws 1979, Chapter 577.
Jackson: Session Laws 1965, Chapter 765.
Johnston: Session Laws 1975, Chapter 342.
Jones: Session Laws 1979, Chapter 441.
Lee: Session Laws 1963, Chapter 271; Session Laws 1977, Chapter 636.
Lenoir: Session Laws 1979, Chapter 441.

Madison: Public‑Local Laws 1925, Chapter 418,  Section 4.
Martin: Session Laws 1955, Chapter 1376; Session Laws 1977, Chapter 636.
 
Nash: Session Laws 1961, Chapter 408.
New Hanover:  Session Laws 1975, Chapter 95.
Northampton: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67; Session Laws 1979, Chapter 548.
Orange: Public‑Local Laws 1913, Chapter 547.
Pamlico: Session Laws 1977, Chapter 636.
Pender: Session Laws 1961, Chapter 333; Session Laws 1967, Chapter 229; Session Laws 1969, Chapter 258, as amended by Session Laws 1973, Chapter 420; Session Laws 1977, Chapter 585, as amended by Session Laws 1985, Chapter 421; Session Laws 1977, Chapter 805; Session Laws 1979, Chapter 546.
Perquimans:  Session Laws 1973, Chapter 160; Session Laws 1973, Chapter 264.
Polk: Session Laws 1975, Chapter 397; Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Randolph: Public‑Local Laws 1941, Chapter 246; Session Laws 1947, Chapter 920.
Robeson: Public‑Local Laws 1924 (Extra Session), Chapter 92; Session Laws 1961, Chapter 348.
Rockingham:  Public‑Local Laws 1933, Chapter 310.
Rowan: Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 106, and Session Laws 1977, Chapter 500; Session Laws 1979, Chapter 556.
Rutherford: Session Laws 1973, Chapter 114; Session Laws 1975, Chapter 397.
Sampson: Session Laws 1979, Chapter 373.
Scotland: Session Laws 1959, Chapter 1143; Session Laws 1977, Chapter 436.
Stokes:  Public‑Local Laws 1933, Chapter 310; Session Laws 1979, Chapter 556.
Surry:   Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Swain: Public‑Local Laws 1935, Chapter 52; Session Laws 1953, Chapter 270; Session Laws 1965, Chapter 765.
Transylvania: Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238.
 
Wake: Session Laws 1973 (Second Session 1974), Chapter 1382.
Washington: Session Laws 1947, Chapter 620.
Wayne: Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 342, as amended by Session Laws 1977, Chapter 43; Session Laws 1975, Chapter 343, as amended by Session Laws 1977, Chapter 45; Session Laws 1977, Chapter 695.
Wilkes:  Session Laws 1951, Chapter 665; Session Laws 1973, Chapter 106; Session Laws 1979, Chapter 507.
Yadkin:  Session Laws 1979, Chapter 507.
Yancey: Session Laws 1965, Chapter 522."
SECTION 6.  The following local acts or portions of local acts are repealed as applicable to the following counties and municipalities:
Alamance:	Session Laws 1979, Chapter 825, Sec. 2; Session Laws 1989, Chapter 825; Session Laws 2008, Chapter 44.
Anson:	Session Laws 1955, Chapter 286; Session Laws 1989, Chapter 879.
Ashe:	Session Laws 2007, Chapter 51, as amended by Session Laws 2010, Chapter 82.
Avery	Session Laws 1985, Chapter 180.
Beaufort	Session Laws 1987, Chapter 98; Session Laws 1997, Chapter 19.
Bladen	Session Laws 1985, Chapter 722, as amended by Session Laws 1985, Chapter 880.
Brunswick	Session Laws 1993, Chapter 208.
Burke	Session Laws 1989, Chapter 163.
Caswell	Session Laws 1991, Chapter 908, as amended by Session Laws 1993, Chapter 727.
Chatham	Session Laws 1995, Chapter 80.
Chowan	Session Laws 1989, Chapter 128, as amended by Session Laws 1999, Chapter 301.
Columbus	Session Laws, 1993, Chapter 208, as amended by Session Laws 2004, Chapter 66.
Craven	Session Laws 2008, Chapter 8.
Cumberland	Session Laws 2007, Chapter 11. 
Davidson	Session Laws 2009, Chapter 43.
Edgecombe	Session Laws 1991, Chapter 483, Section 4.
Franklin	Session Laws 1993, Chapter 208.
Gates	Session Laws 1989, Chapter 128.
Granville	Session Laws 1993, Chapter 208.
Halifax	Session Laws 1995, Chapter 279.
Harnett	Session Laws 2007, Chapter 11.
Hoke	Session Laws 1985, Chapter 108.
Hyde	Session Laws 1997, Chapter 132; Session Laws 1989, Chapter 229.
Iredell	Session Laws 1985, Chapter 664.
Johnston	Session Laws 2007, Chapter 47. 
Jones	Session Laws 1989, Chapter 134.
Moore	Session Laws 2007, Chapter 11.
Northampton	Session Laws 1993, Chapter 727.
Person	Session Laws 1985, Chapter 108, as amended by Session Laws 1985, Chapter 890 and Session Laws 2005, Chapter 262.
Pitt	Session Laws 1993, Chapter 208, as amended by Session Laws 2004, Chapter 199.
Richmond	Session Laws 2001, Chapter 133.
Robeson	Session Laws 1985, Chapter 108.
Rockingham	Session Laws 1985, Chapter 179.
Scotland	Session Laws 1985, Chapter 108.
Stanly	Session Laws 1989, Chapter 879.
Stokes	Session Laws 2008, Chapter 102.
Vance	Session Laws 1993, Chapter 208.
Wayne	Session Laws 1981, Chapter 697; Session Laws 1987, Chapter 958.
City of Winston‑Salem	Session Laws 2010, Chapter 82.
SECTION 7.   Sections 5 and 6 of this act become effective as of the effective date of rules adopted by the Wildlife Resources Commission establishing an open season for the trapping of foxes.  Section 2 of this act becomes effective October 1, 2011. The remainder of this act is effective when it becomes law.