Red Wolf Coalition et al v. North Carolina Wildlife Resources Commission et al

Filing 105

ORDER GRANTING 102 Joint Motion for Modification of Preliminary Injunction and Stay of Proceedings. Signed by US District Judge Terrence W. Boyle on 11/12/2014. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
NO. 2:13-cv-00060-BO

RED WOLF COALITION, DEFENDERS
OF WILDLIFE, AND ANIMAL WELFARE
INSTITUTE,
Plaintiffs,

v.
JIM COGDELL, JOHN LITTON CLARK,
JOE C. BARKER, III, WES SEEGARS, NAT
T. HARRIS, JR., JOSEPH BUDD, DAVID W.
HOYLE, JR., WENDELL (DELL) MURPHY,
MARK CRAIG, THOMAS A. BERRY,
GARRY SPENCE, JOHN T. COLEY, IV,
VERNON (RAY) CLIFTON, JR., THOMAS
L. FONVILLE, RICHARD EDWARDS,
MICHELL HICKS, TIMOTHY L. SPEAR, in
their official capacities as Commissioners of
the North Carolina Wildlife Resources
Commission; GORDON S. MYERS, in his
official capacity as Executive Director of the
North Carolina Wildlife Resources
Commission,
Defendants.

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ORDER

Upon consideration of the Joint Motion for Modification of Preliminary Injunction and Stay of
Proceedings, it is this ld_ day ofN_W.o 14,

ORDERED, that the Motion is GRANTED;
ORDERED, that proceedings in this matter are stayed;

..
ORDERED, that the Parties shall provide status reports to this Court every six (6) months
for the duration of the stay;
and it is further
ORDERED that the preliminary injunction entered by this Court on May 13, 2014, is
modified in accordance with the terms of Attachment A to the Settlement Agreement between
the Parties, such that in the counties of Dare, Hyde, Washington, Tyrrell and Beaufort
(hereinafter, the ''five counties"), the following applies:
( 1)

Coyote hunting on public lands is prohibited, except that coyotes may be taken on
State-owned game lands by the holder of a permit or license for a specific special
hunt opportunity for coyotes authorized by G.S. 113-264(d). Any special hunt for
coyotes pursuant to G.S. 113-264(d) shall only allow hunting from the hours of
one-half hour before sunrise until one-half hour after sunset.
competition coyote hunts on public lands are prohibited.

Contests or

If, within a calendar

year, two or more red wolves are shot by one or more hunters with a valid special
hunt permit for coyotes on State game lands within the five counties, all special
hunt opportunities for coyotes on State game lands within those five counties shall
be suspended for one calendar year.
(2)

There is no closed season for taking coyotes on private lands. Coyotes may be
taken on private lands from the hours of one-half hour before sunrise until onehalf hour after sunset only.

(3)

Coyotes may be taken on private lands by permit only, and any take shall be
reported within 24 hours to the North Carolina Wildlife Resources Commission.

(4)

Coyote hunting permits are in addition to hunting licenses. Individuals exempted
from license requirements under the provisions specified in G.S. 113-276 must
still acquire the coyote hunting permits to hunt coyotes in the five counties.
Coyote hunting permits are valid for one calendar year and subject to annual
renewal. These permits are non-transferable. Permit holders must submit their
harvest reports in order to be eligible for permit renewal.

Except as otherwise provided above, coyote hunting pursuant to 15A NCAC lOB .0219 in the
counties of Dare, Hyde, Washington, Tyrrell and Beaufort remains preliminarily enjoined
pending further action by this Court.