GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                    1

HOUSE BILL 2167

Short Title:     Amend Natural Resources Laws 2006.		(Public)
Sponsors:	Representatives Gibson, Harrell, and Justice (Primary Sponsors).
Referred to:	Environment and Natural Resources.

May 18, 2006

A BILL TO BE ENTITLED

AN ACT To amend various Natural Resources laws to: (1) Clarify the definition of Agriculture; (2) Make clarifying changes to fishing license requirements; and (3) Prohibit the Disclosure of personal identifying information collected by the wildlife resources commission for licensing purposes except under certain circumstances, as recommended by the environmental review commission.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 106‑581.1(3) reads as rewritten:

"(3)      Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, deer, elk, and other animals for individual and public use, consumption, and marketing."

SECTION 2.  G.S. 113‑271(d)(9) reads as rewritten:

"(9)      Special Landholder and Guest Fishing License – $50.00. This license shall be issued only to the owner or lesseelandholder of private property bordering inland or joint fishing waters, including public mountain trout waters, and entitles persons waters. This license shall entitle the landholder and guests of the landholder to fish from the shore or any pier or dock originating from the property without any additional fishing license. This license is applicable only to private property and private docks and piers and is not valid for any public property, pier, or dock nor for any private property, pier, or dock operated for any commercial purpose whatsoever. The guest fishingThis license shall not be in force unless displayed on the premises of the property and only entitles fishing without additional license to persons fishing from the licensed property and then only when fishing within the private property lines. The guest fishingThis license is not transferable as to person or location. For purposes of this subdivision, a guest is any individual invited by the landholder to fish from the property at no charge. A charge includes any fee, assessment, dues, rent, or other consideration which must be paid, whether directly or indirectly, in order to be allowed to fish from the property, regardless of the stated reason for such charge."

SECTION 3.  G.S. 113‑272.3(d) reads as rewritten:

"(d)      In issuing lifetime sportsman combination licenses, the Wildlife Resources Commission is authorized to adopt rules to establish a personalized series for certain license types and to charge a five dollar ($5.00) administrative fee, to be deposited in the Wildlife Fund, to defray the cost of issuance of the personalized license."

SECTION 4.  G.S. 113‑351(c)(4)a. reads as rewritten:

"(4)      Lifetime Unified Inland/Coastal Recreational Fishing Licenses. –

Except as provided in sub‑subdivisions b. and c. of this subdivision, a license issued under this subdivision is valid for the lifetime of the licensee. A license issued under this subdivision authorizes the licensee to fish with hook and line for all fish in all inland fishing waters and joint fishing waters, including public mountain trout waters, and to engage in recreational fishing in coastal fishing waters.

a.         Resident Lifetime Unified Inland/Coastal Recreational Fishing License. – $450.00.

. . . ."

SECTION 5.  G.S. 143B‑289.52(h) is repealed.

SECTION 6.  G.S. 143B‑289.52 is amended by adding two new subsections to read:

"(i) Personal identifying information obtained by the Commission or Division from the Wildlife Resources Commission pursuant to G.S. 143‑254.5(b), from an applicant for a license issued under G.S. 113‑174.3 or G.S. 113‑174.4, or from a person complying with a biological data sampling or survey program under G.S. 113‑174.1, is confidential under G.S. 132‑1.2 and shall only be disclosed as provided in this section. The Commission or Division may disclose personal identifying information to any officer, employee, or authorized representative of any federal, state, or local government agency if disclosure is necessary to carry out a proper function of the Commission, Division, or other agency. As used in this section, "personal identifying information" includes a person's mailing address, residence address, date of birth, telephone number, electronic mail address, drivers license number, and social security number.

(j) The Commission may adopt rules to exempt individuals who participate in organized fishing events held in coastal or joint fishing waters from recreational fishing license requirements for the specified time and place of the event when the purpose of the event is consistent with the conservation objectives of the Commission."

SECTION 7.  This act is effective when it becomes law.