GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 231

HOUSE BILL 632

 

AN ACT TO PROHIBIT HUNTING IN ANSON COUNTY WITHOUT THE WRITTEN PERMISSION OF THE LANDOWNER, TO REGULATE DEER HUNTING SEASON IN ANSON COUNTY, TO PROHIBIT HUNTING FROM THE RIGHT-OF-WAY OF A PUBLIC ROAD, AND TO REQUIRE OWNER IDENTIFICATION ON DOGS USED TO HUNT DEER IN ANSON COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  It is unlawful to hunt on the land of another unless the hunter has, on his person, a writing signed and dated by the owner or lessee of the land granting the hunter permission to hunt on said land.  If the land is owned or leased by a club, the president of the club shall issue the permission to hunt.  Unless otherwise specified in the writing, the written permission shall be valid for one year.  The written permission shall be displayed upon request to any law enforcement officer with authority to enforce this act.

For the purposes of this section, a hunter not physically present on another person's land shall be considered to be hunting on such land if, during the season for hunting deer with firearms, the person allows a dog under his ownership, possession, or control to run upon or cross another person's land to hunt deer.

For the purposes of this act, the term "to hunt" has the same meaning as under G.S. 113-130(5a).

Sec. 2.  It is unlawful to hunt at any time on, from, or across any public road or highway.

Sec. 3.  Notwithstanding the provisions of G.S. 113-291.2 and regulations issued pursuant thereto, the season for hunting deer with firearms in Anson County shall last seven weeks.  During the season for hunting deer with firearms in Anson County, deer may be hunted with the aid of dogs only during the last five weeks of the season, subject to the restrictions of G.S. 113-291.5(b) and the regulations issued pursuant thereto.

Sec. 4.  It is unlawful to hunt deer with the aid of dogs unless each dog bears a collar, tag, or other identification showing its owner's full name and address.  The provisions of this section shall not apply to a landowner or his children while hunting on the landowner's property.

Sec. 5.  Each person violating the provisions of Section 1 of this act shall be fined as follows:

(a)       for hunting deer with the aid of dogs in violation of Section 1, a person shall be fined on the first conviction thereof not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00), and upon a second or subsequent conviction thereof, the offender shall be fined not less than five hundred dollars ($500.00) nor more than seven hundred dollars ($700.00), or imprisoned not more than 60 days, or both, at the discretion of the court; and

(b)       for hunting deer without the aid of dogs, or for hunting any other animal or bird with or without the aid of dogs, in violation of Section 1, a person shall be fined on the first conviction thereof not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), and upon a second or subsequent conviction thereof, the offender shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or imprisoned not more than 60 days, or both, at the discretion of the court.

Sec. 6.  Each person violating the provisions of Section 2 of this act shall be fined on the first conviction thereof not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00), and upon a second or subsequent conviction thereof, the offender shall be fined not less than five hundred dollars ($500.00) nor more than seven hundred dollars ($700.00), or imprisoned not more than 60 days, or both, at the discretion of the court.

Sec. 7.  This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by other peace officers with general subject matter jurisdiction.

Sec. 8.  Chapter 1319 of the 1973 Session Laws (1974 Reg. Sess.) is amended by deleting from Section 4 the phrase "Anson,".

Sec. 9.  This act applies only to Anson County.

Sec. 10.  This act shall become effective October 1, 1987.

In the General Assembly read three times and ratified this the 22nd day of May, 1987.