GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 296
Committee Substitute Favorable 4/4/13
Short Title: Hunter Education/Apprentice Permit.-AB |
(Public) |
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Sponsors: |
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Referred to: |
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March 14, 2013
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(c)(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.