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Senate & House pass Jimmy Dixon’s Sunday Hunting bill: a compromise with heavy “baggage”
Jimmy Dixon’s Sunday Hunting Bill, House Bill #640 “Outdoor Heritage Act”, has passed the House & Senate, and a compromise between the two chambers was reached yesterday. The Senate and House both voted to accept the compromise. Today, the House ordered the text enrolled. The actual text of the compromise bill may be found here.
This bill has nine (9) parts.
Part I. establishes the NC Outdoor Heritage Trust Fund, which will be funded through voluntary check off donations of $2.00 by persons paying for transactions processed through the WRC.
Part II. Establishes the Outdoor Heritage Advisory Council, with 11 appointed members and no power.
Part III. Provides for a study by the Legislative Research Commission concerning “the need for expanded access to public lands”.
Part IV. Adds stiffer penalties to criminal convictions of hunting violations, including suspension of hunting privileges for negligent hunters. This was requested by WRC, and is entitled the “THREE STRIKES RULE”. The language added provides that a third conviction of NCGS §14-159.6(a) will result in a suspension of hunting license or permit. The criminal law set forth in NCGS §14-159.6(a) is entitled “Trespassing upon ‘Posted’ Property to Hunt, Fish, Trap”.
Part V. sets forth the new Sunday gun hunting provisions. It allows Sunday gun hunting on controlled hunting preserves all day, and on Sunday except from 9:30 am through 12:30 pm. There are other restrictions, including distance restrictions from churches and residences, found on pages 3 and 4 of the bill. “Controlled hunting preserves” are defined in NCGS §113-273(g): Controlled Hunting Preserve Operator License. - The Wildlife Resources Commission is authorized by rule to set standards for and to license the operation of controlled hunting preserves operated by private persons. Controlled hunting preserves are of two types: one is an area marked with appropriate signs along the outside boundaries on which only domestically raised game birds other than wild turkeys are taken; the other is an area enclosed with a dog-proof fence on which foxes and coyotes may be hunted with dogs only. A controlled fox and coyote hunting preserve operated for private use may be of any size; a controlled hunting preserve operated for commercial purposes shall be an area of not less than 500 acres or of such size as set by regulation of the Wildlife Resources Commission, which shall take into account differences in terrain and topography, as well as the welfare of the wildlife.
Counties may prohibit Sunday gun hunting, with such ordinances effective on and after October 1, 2017.
Part VI. Bear cubs are now defined as bears weighing less than 75 pounds.
Part VII. Breeding season for foxes extended at Bladen Lakes State Forest Game Land, such that use of dogs in hunting foxes is prohibited during the period from March 15 through July 15 in Bladen Lakes State Forest Game land.
Part VIII. Provides any person, as an owner, lessee, occupant, or otherwise in control of land, who gives permission to a hunter to enter upon the land for the purpose of retrieving hunting dogs that have strayed onto the land owes that hunter the same duty of care the person owes a trespasser. This means the land owner owes the lowest duty to the hunter, and should not be concerned with civil liability issues for allowing a hunter to retrieve his dogs. However, nothing in this section gives the hunter the right to retrieve his dog.
OTHER BILLS AND LEGISLATIVE NEWS
As we enter the hot summer months, the House and Senate have become more involved in negotiating the 2015-2016 budget. Non-budget matters are largely set aside. We are happy to report the Puppy Mill Bill, which passed the House, has been sent to the Senate Ways & Means Committee, which never meets! Thus, the Puppy Mill Bill is dead for this session.
If you have questions about other bills pending in the NC General Assembly, please do not hesitate to contact us.
Call us if you have questions about these issues or any other matters affecting dog hunting in North Carolina. Thank you! Joe and Henri McClees