GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    2

HOUSE BILL 321

Senate Finance Committee Substitute Adopted 6/14/18

 

Short Title:      Wildlife License Changes.		(Public)
Sponsors:
Referred to:

March 13, 2017

A BILL TO BE ENTITLED

AN ACT to make certain changes to wildlife licenses.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 113‑264 reads as rewritten:

"§ 113‑264.  Regulatory power over property of agency;agency property; public hunting grounds;opportunities; scheduling of managed big game hunts.

(a)        The Department and the Wildlife Resources Commission are granted the power by rule to license, regulate, prohibit, or restrict the public as to use and enjoyment of, or harm to, any property of the Department or the Wildlife Resources Commission, and may charge the public reasonable fees for access to or use of such property. "Property" as the word is used in this section is intended to be broadly interpreted and includes lands, buildings, vessels, vehicles, equipment, markers, stakes, buoys, posted signs and other notices, trees and shrubs and artificial constructions in boating and fishing access areas, game lands, wildlife refuges, public waters, public mountain trout waters, and all other real and personal property owned, leased, controlled, or cooperatively managed by either the Department or the Wildlife Resources Commission.

(a1)      Every wildlife protector and every law enforcement officer of this State and its subdivisions shall have the authority within his or her established jurisdiction to enforce the rules promulgated pursuant to the power granted by this section regarding the willful removal of, damage to, or destruction of any property of the Department or the Wildlife Resources Commission.

(a2)      To the extent that subsection (a1) of this section conflicts with any provision of any local act, subsection (a1) of this section prevails.

(b)        Unless a different level of punishment is elsewhere set out, willful removal of, damage to, or destruction of any property of the Department or the Wildlife Resources Commission is a Class 1 misdemeanor.

(c)        The Wildlife Resources Commission may cooperate with private landowners in the establishment of public hunting grounds. It may provide for the posting of these areas and of restricted zones within them, require that authorized hunters obtain written permission from the owner to hunt, enforce general laws concerning trespass by hunters and concerning damage or injurious activities by hunters and by others carrying weapons on or discharging weapons across public hunting grounds or restricted zones.

(d)       The Wildlife Resources Commission may schedule managed huntsmanaged hunting opportunities for any species of wildlife to be held on game lands. Participants in such huntswildlife administered through permits. Permit recipients shall be selected at random by computer. The Wildlife Resources Commission may require by rule that an applicant 16 years of age or older have the required hunting license before the drawing for the hunt, and that an applicant less than 16 years of age apply as a member of a party that includes a properly licensed adult if the young applicant does not have the proper hunting license. When licenses are required prior to the drawing, all applications shall be screened for compliance. A nonrefundable fee of five dollars ($5.00)eight dollars ($8.00) will be required of each applicant to defray the cost of processing the applications.applicant.

(d1)     For applications sold directly through the Wildlife Resources Commission by telephone, mail, online, or at a service counter, the Wildlife Resources Commission may charge a fee of two dollars ($2.00) per transaction.

(e)        A wildlife protector or law enforcement officer of this State or its subdivisions may have a vehicle towed at a Commission‑owned or operated public boating access area if the vehicle:

(1)        Is parked in an area other than one designated for parking; or

(2)        Is left by an individual for a purpose other than launching, operating, or retrieving a vessel."

SECTION 2.  G.S. 113‑270.3 reads as rewritten:

"§ 113‑270.3.  Special activity licenses; big game kill reports.

(a)        In addition to any hunting, trapping, or fishing license that may be required pursuant to G.S. 113‑270.1B(a), individuals engaging in specially regulated activities must have the appropriate special activity license and stamp prescribed in this section before engaging in the regulated activity.

(b)        The special activity licenses and stamp issued by the Wildlife Resources Commission are as follows:

(1)        Resident Big Game Hunting License – $13.00. This license shall be issued only to an individual resident of the State and entitles the holder to take big game by all lawful methods and during all open seasons.

(1a)      Nonresident Bear Hunting License – $225.00. This license is valid for use only by an individual within the State and must be procured before taking any bear within the State. Notwithstanding any other provision of law, a nonresident individual may not take any bear within the State without procuring this license; provided, that those persons who have a nonresident lifetime sportsman combination license purchased prior to May 24, 1994, shall not have to purchase this license. This license expires June 30.

(1b)      Bear Management Stamp – $10.00. This electronically generated stamp must be procured before taking any bear within the State. Notwithstanding any other provision of law, a resident or nonresident individual may not take any bear within the State without procuring this stamp; provided, that those persons who have purchased a lifetime license established by G.S. 113‑270.1D(b), 113‑270.2(c)(2), or 113‑351(c)(3) prior to July 1, 2014, and those persons exempt from the license requirements as set forth in G.S. 113‑276(c), G.S. 113‑276(d), and G.S. 113‑276(n) shall obtain this stamp free of charge. All of the revenue generated by this stamp shall be dedicated to black bear research and management. This stamp expires June 30.

(2)        Nonresident Big Game Hunting License. This license shall be issued only to an individual nonresident of the State and entitles the holder to take big game by all lawful methods and during all open seasons. The nonresident big game hunting licenses issued by the Wildlife Resources Commission are:

a.         Season License – $80.00.

b.         Ten‑Day License – $60.00. This license is only valid for the 10 consecutive dates indicated on the license.

(2a)      Bonus Antlerless Deer License – $10.00. This license shall be issued to an individual resident or nonresident of the State who holds a valid North Carolina big game hunting license or an individual resident who is exempt from the hunting license requirement in accordance with G.S. 113‑276(c) and G.S. 113‑276(d) and entitles the holder to take two antlerless deer during seasons and by methods authorized by the Wildlife Resources Commission. This license expires June 30.

(3)        Game Land License – $15.00. This license shall be issued to an individual resident or nonresident of the State and entitles the holder to hunt and trap on game lands managed by the Wildlife Resources Commission. The Wildlife Resources Commission may, pursuant to G.S. 113‑264(a), designate in its rules other activities on game lands that require purchase of this license and may charge additional fees for use of specially developed facilities.

(4)        Falconry License – $10.00. This license shall be issued to an individual resident or nonresident of the State and must be procured before:

a.         Taking, importing, transporting, or possessing a raptor; or

b.         Taking wildlife by means of falconry.

The Wildlife Resources Commission may issue classes of falconry licenses necessary to participate in the federal/State permit system, require necessary examinations before issuing licenses or permits to engage in various authorized activities related to possession and maintenance of raptors and the sport of falconry, and regulate licenses as required by governing federal law and rules. To defray the costs of administering required examinations, the Wildlife Resources Commission may charge reasonable fees upon giving them. To meet minimum federal standards plus other State standards in the interests of conservation of wildlife resources, the Wildlife Resources Commission may impose all necessary controls, including those set out in the sections pertaining to collection licenses and captivity licenses, and may issue permits and require reports, but no collection license or captivity license is needed in addition to the falconry license.

(5)        Migratory Waterfowl Hunting License – $13.00. This license shall be issued to an individual resident or nonresident of the State and entitles the holder to take migratory waterfowl in accordance with applicable laws and regulations. The Wildlife Resources Commission may implement this license requirement through the sale of an official waterfowl stamp which may be a facsimile, in an appropriate size, of the waterfowl conservation print authorized by G.S. 113‑270.2B. An amount not less than one‑half of the annual proceeds from the sale of this license shall be used by the Commission for cooperative waterfowl habitat improvement projects through contracts with local waterfowl interests, with the remainder of the proceeds to be used by the Commission in its statewide programs for the conservation of waterfowl.

(6)        Resident American Alligator License – $250.00. This license shall be issued to an individual resident of the State and entitles the holder to take American alligator during the open alligator season by methods authorized by the Wildlife Resources Commission. This license expires June 30.

(7)        Nonresident American Alligator License – $500.00. This license shall be issued to an individual nonresident of the State and entitles the holder to take American alligator during the open alligator season by methods authorized by the Wildlife Resources Commission. This license expires June 30.

(8)        Resident Elk License – $500.00. This license shall be issued to an individual resident of the State and entitles the holder to take elk during the open elk season by methods authorized by the Wildlife Resources Commission. This license expires June 30.

(9)        Nonresident Elk License – $1,000. This license shall be issued to an individual nonresident of the State and entitles the holder to take elk during the open elk season by methods authorized by the Wildlife Resources Commission. This license expires June 30.

(c)        Any individual who kills any species of big game must report the kill to the Wildlife Resources Commission. The Commission may by rule prescribe the method of making the report, prescribe its contents, and require positive identification of the carcass of the kill, by tagging or otherwise. The Wildlife Resources Commission may administratively provide for the annual issuance of big game tags or other identification for big game authorized by this section to holders of lifetime sportsman licenses and lifetime comprehensive hunting licenses.

(d)       Any individual who possesses any of the lifetime sportsman licenses established by G.S. 113‑270.1D(b) may engage in specially regulated activities without the licenses required by subdivisions (1), (2), (3), and (5) of subsection (b) of this section. Any individual possessing an annual sportsman license established by G.S. 113‑270.1D(a) or a lifetime or annual comprehensive hunting license established by G.S.113‑270.2(c)(2) or (5) may engage in specially regulated activities without the licenses required by subdivisions (1), (3), and (5) of subsection (b) of this section.

(e)        When the Wildlife Resources Commission establishes a primitive weapons season pursuant to G.S. 113‑291.2(a), all of the combination hunting and fishing licenses established in G.S.113‑270.1C, sportsman licenses established in G.S. 113‑270.1D, and hunting licenses established in G.S. 113‑270.2(c)(1), (2), (3), (5), and (6) entitle the holder to participate. For purposes of this section, "primitive weapons" include bow and arrow, muzzle‑loading firearm, and any other primitive weapon specified in the rules of the Wildlife Resources Commission."

SECTION 3.  G.S. 113‑276 reads as rewritten:

"§ 113‑276.  Exemptions and exceptions to license and permit requirements.

(a),       (b)  Repealed by Session Laws 1979, c. 830, s. 1.

(c)        Except as otherwise provided in this Subchapter, every landholder, his spouse, and dependents under 18 years of age residing with him may take wildlife upon the land held by the landholder without any license required by G.S. 113‑270.1B or G.S. 113‑270.3(a), except that such persons are not exempt from the American alligator licenses established in G.S. 113‑270.3(b)(6) and G.S. 113‑270.3(b)(7), elk licenses established in G.S. 113‑270.3(b)(8) and G.S. 113‑270.3(b)(9), bear management stamp established in G.S. 113‑270.3(b)(1b)G.S. 113‑270.3(b)(1b), and the falconry license described in G.S. 113‑270.3(b)(4).

(d)       Except as otherwise provided in this Subchapter, individuals under 16 years of age are exempt from the hunting and trapping license requirements of G.S. 113‑270.1B(a) and G.S. 113‑270.3(a), except that such individuals are not exempt from the American alligator licenses established in G.S. 113‑270.3(b)(6) and G.S. 113‑270.3(b)(7), elk licenses established in G.S. 113‑270.3(b)(8) and G.S. 113‑270.3(b)(9), and the falconry license described in G.S. 113‑270.3(b)(4). Individuals under 16 may hunt under this exemption, provided that the hunter is accompanied by an adult of at least 18 years of age who is licensed to hunt in this State. For purposes of this section, "accompanied" means that the licensed adult maintains a proximity that enables the adult to monitor the activities of the hunter by remaining within sight and hearing distance at all times without use of electronic devices. Upon successfully obtaining the hunter education certificate of competency required by G.S. 113‑270.1A(a), a hunter may hunt under the license exemption until age 16 without adult accompaniment. Individuals under 16 years of age are exempt from the fishing license requirements of G.S. 113‑270.1B(a), 113‑272, and 113‑271.

(e)        Repealed by Session Laws 2005‑455, s. 1.11.

(f)        A special device license is not required when a landing net is used:

(1)        To take nongame fish in inland fishing waters; or

(2)        To assist in taking fish in inland fishing waters when the initial and primary method of taking is by the use of hook and line – so long as applicable hook‑and‑line fishing‑license requirements are met.

As used in this subsection, a "landing net" is a net with a handle not exceeding eight feet in length and with a hoop or frame to which the net is attached not exceeding 60 inches along its outer perimeter.

(g)        Bow nets covered by a special device license may be used in waters and during the seasons authorized in the rules of the Wildlife Resources Commission by an individual other than the licensee with the permission of the licensee. The individual using another's bow net must also secure the net owner's special device license and keep it on or about his person while fishing in inland fishing waters.

(h)        Repealed by Session Laws 1979, c. 830, s. 1.

(i)         A food server may prepare edible wildlife lawfully taken and possessed by a patron for serving to the patron and any guest he may have. The Executive Director may provide for the keeping of records by the food server necessary for administrative control and supervision with respect to wildlife brought in by patrons.

(j)         A migrant farm worker who has in his possession a temporary certification of his status as such by the Rural Employment Service of the Division of Employment Security on a form provided by the Wildlife Resources Commission is entitled to the privileges of a resident of the State and of the county indicated on such certification during the term thereof for the purposes of purchasing and using the resident fishing licenses provided by G.S. 113‑271(d)(2), (4), and (6)a.

(k)        Box‑trapped rabbits may be released for the purpose of training dogs on an area of private land which is completely enclosed with a metal fence through which rabbits may not escape or enter at any time. The Wildlife Resources Commission may establish rules to set standards for areas on which rabbits are released. A person may participate in a field trial for beagles without a hunting license if approved in advance by the Executive Director, conducted without the use or possession of firearms, and on an area of not more than 100 acres of private land which is completely and permanently enclosed with a metal fence through which rabbits may not escape or enter at any time.

(l)         The fishing license provisions of this Article do not apply upon the lands held in trust by the United States for the Eastern Band of the Cherokee Indians.

(l1)       The licensing provisions of this Article do not apply to a member of an Indian tribe recognized under Chapter 71A of the General Statutes for purposes of hunting, trapping, or fishing on tribal land. A person taking advantage of this exemption shall possess and produce proper identification confirming the person's membership in a State‑recognized tribe upon request by a wildlife enforcement officer. For purposes of this section, "tribal land" means only real property owned by an Indian tribe recognized under Chapter 71A of the General Statutes.

(l2)       A resident of this State who is a member of the Armed Forces of the United States serving outside the State, or who is serving on full‑time active military duty outside the State in a reserve component of the Armed Forces of the United States as defined in 10 U.S.C. 10101, is exempt from the hunting and fishing license requirements of G.S. 113‑270.1B, G.S. 113‑270.3(b)(1), G.S. 113‑270.3(b)(3), G.S. 113‑270.3(b)(5), G.S. 113‑271, G.S. 113‑272, G.S. 113‑272.2(c)(1), and the Coastal Recreational Fishing License requirements of G.S. 113‑174.2 while that person is on leave in this State for 30 days or less. In order to qualify for the exemption provided under this subsection, the person shall have on his or her person at all times during the hunting or fishing activity the person's military identification card and a copy of the official document issued by the person's service unit confirming that the person is on authorized leave from a duty station outside this State.

A person exempted from licensing requirements under this subsection is responsible for complying with any reporting requirements prescribed by rule of the Wildlife Resources Commission, complying with the hunter education requirements of G.S. 113‑270.1A, purchasing any federal migratory waterfowl stamps as a result of waterfowl hunting activity, and complying with any other requirements that the holder of a North Carolina license is subject to.

(m)       The fourth day of July of each year is declared a free fishing day to promote the sport of fishing and no hook‑and‑line fishing license is required to fish in any of the public waters of the State on that day. All other laws and rules pertaining to hook‑and‑line fishing apply.

(n)        The Wildlife Resources Commission may adopt rules to exempt individuals from the hunting and fishing license requirements of G.S. 113‑270.1B, 113‑270.3(b)(1), 113‑270.3(b)(1a), 113‑270.3(b)(1b), 113‑270.3(b)(2), 113‑270.3(b)(3), 113‑270.3(b)(5), 113‑271, 113‑272, and 113‑272.2(c)(1) who participate in organized hunting and fishing events for the specified time and place of the event when the purpose of the event is consistent with the conservation objectives of the Commission. A person exempted from licensing requirements under this subsection is responsible for complying with any reporting requirements prescribed by rule of the Wildlife Resources Commission, purchasing any federal migratory waterfowl stamps as a result of waterfowl hunting activity, and complying with any other requirements that the holder of a North Carolina license is subject to. Those exempted persons shall comply with the hunter safety requirements of G.S. 113‑270.1A or shall be accompanied by a properly licensed adult who maintains a proximity to the license exempt individual which enables the adult to monitor the activities of, and communicate with, the individual at all times."

SECTION 4.  This act becomes effective July 1, 2018.