GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   D

HOUSE DRH30158-LL-35  (01/09)

 

 

 

Short Title:        Hunter Education/Apprentice Permit.-AB		(Public)
Sponsors:	Representatives J. Bell, Moffitt, Martin, and Wray (Primary Sponsors).
Referred to:

 

A BILL TO BE ENTITLED

AN ACT to amend and clarify the hunter education requirements and to establish a hunting heritage apprentice permit.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 113‑270.1A reads as rewritten:

"§ 113‑270.1A.  Hunter safety course required.

(a)        Except as provided in subsections (a1) and (d) of this section, on or after July 1, 1991,July 1, 2013, a person, regardless of age, may not procure a hunting license in this State without producing a hunter education certificate of competency or one of the following issued by the Wildlife Resources Commission:

(1)        A North Carolina hunting heritage apprentice permit.

(2)        a A hunting license issued prior to July 1, 1991, or signing a statement on a form provided by the Wildlife Resources Commission that he had such a license.July 1, 2013.

(a1)      A person who qualifies for a totally disabled resident combination hunting‑fishing license under G.S. 113‑270.1C(b)(4) disabled license under G.S. 113‑270.1C(b)(5) or (6), 113‑270.1D(b)(7) or (8), or 113‑351(c)(3)(f) or (g) need not comply with the requirements of subsection (a) of this section in order to receive that license, so long as the person does not make use of the license unless:

(1)        The disabled hunter is accompanied by an adult of at least 18 years of age who is licensed to hunt; and

(2)        The licensed adult maintains a proximity to the disabled hunter which enables the adult to monitor the activities of, and communicate with, the disabled hunter at all times.of the disabled hunter by remaining within sight and hearing distance at all times, without the use of electronic devices.

(b)        The Wildlife Resources Commission shall institute and coordinate a statewide course of instruction in hunter ethics, wildlife laws and regulations, and competency and safety in the handling of firearms, and in so doing, may cooperate with any political subdivision, or with any reputable organization having as one of its objectives the promotion of competency and safety in the handling of firearms, including local rod and gun clubs.organization. The course of instruction shall be conducted as follows:

(1)        The Wildlife Resources Commission shall designate those persons or agencies authorized to give the course of instruction, and this designation shall be valid until revoked by the Commission. Those designated persons shall submit to the Wildlife Resources Commission validated listings naming all persons who have successfully completed the course of instruction.

(2)        The Wildlife Resources Commission may conduct the course in hunter safety, education, using Commission personnel or other persons at times and in areas where other competent agencies are unable or unwilling to meet the demand for instruction.Commission‑approved persons.

(3)        The Wildlife Resources Commission shall issue a certificate of competency and safety to each person who successfully completes the course of instruction, and the certificate shall be valid until revoked by the Commission.

(4)        Any similar certificate issued outside the State by a governmental agency, shall be accepted as complying with the requirements of subsection (a) above, if the privileges are reciprocal for North Carolina residents.

(5)        The Wildlife Resources Commission shall adopt rules and regulations to provide for the course of instruction and the issuance of the certificates consistent with the purpose of this section.

(c)        On or after July 1, 1991, July 1, 2013, any person who obtains a hunting license by presenting a fictitious certificate of competency or who attempts to obtain a certificate of competency or hunting license through fraud shall have his hunting privileges revoked by the Wildlife Resources Commission for a period not to exceed one year.

(d)        Notwithstanding the provisions of subsection (a) of this section, the lifetime licenses provided for in G.S. 113‑270.1D(b)(1), (2), and (3) (3), (4), and (5) and G.S. 113‑270.2(c)(2) and G.S. 113‑351(3) may be purchased by or in the name of persons who have not obtained a hunter safety education certificate of competency, subject to the requirements of this subsection. Pending satisfactory completion of the hunter safety education course, persons who possess one of the lifetime licenses specified in this subsection may exercise the privileges of the lifetime license only when accompanied by an adult of at least 18 years of age who is licensed to hunt in this State. For the purpose of this section, "accompanied" means that the licensed adult maintains a proximity that enables the adult to monitor the activities of, and communicate with, the young hunter at all times.of the hunter by remaining within sight and hearing distance at all times, without use of electronic devices."

SECTION 2.  G.S. 113‑270.2A reads as rewritten:

"§ 113‑270.2A.  Voluntary contribution to hunters safety hunter education program.

(a)        A person applying for a hunting license may make a voluntary contribution of fifty cents (50¢) to the Wildlife Resources Commission for the purpose of funding a hunter safety education program.

(b)        The Wildlife Resources Commission shall devise administrative procedure for the collection of all contributions donated pursuant to the provisions of this act and shall collect and use the contributions to fund and provide for a hunter safety education program."

SECTION 3.  G.S. 113‑274(c) reads as rewritten:

"(c)       The Wildlife Resources Commission may issue the following permits:

…

(3c)      Hunting Heritage Apprentice Permit. – Authorizes a person who does not meet the hunter education course requirements under G.S. 113‑270.1A(a) to purchase a hunting license and hunt if accompanied by an adult at least 18 years of age who is licensed to hunt in this State, or if accompanied by an adult landholder or spouse exempted from the hunting license requirement as defined by G.S. 113‑276(c), provided the licensee is hunting on the landholder's land. For purposes of this section, "accompanied" means that the licensed adult maintains a proximity that enables the adult to monitor the activities of the apprentice by remaining within sight and hearing distance at all times, without use of electronic devices. This permit is valid only for the term of the hunting license purchased under the authority of the permit. Any person who hunts with a permit issued under this subdivision without complying with all the requirements of this subdivision is guilty of hunting without having first procured a current and valid license, in violation of G.S. 113‑270.1B."

SECTION 4.  G.S. 113‑276 reads as rewritten:

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

…

(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 the falconry license described in G.S. 113‑270.3(b)(4). Individuals under 16 may hunt under this exemption, provided that the young 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, and communicate with, the young hunter at all times. of the hunter by remaining within sight and hearing distance at all times, without use of electronic devices. Upon successfully obtaining the hunter safety education certificate of competency required by G.S. 113‑270.1A(a), a young 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.

…

(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 safety 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.

…

(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)(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 education requirements of G.S. 113‑270.1A or shall be accompanied by a properly licensed adult of at least 18 years of age who maintains a proximity to the license exempt individual which that enables the adult to monitor the activities of, and communicate with, the individual at all times.of the hunter by remaining within sight and hearing distance at all times, without use of electronic devices."

SECTION 5.  This act becomes effective July 1, 2013.