GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 591
Second Edition Engrossed 5/26/93

Short Title:  Wildlife License Restructuring.	(Public)
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Sponsors: Senator Albertson.
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Referred to: Finance. 
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March 29, 1993

A BILL TO BE ENTITLED
AN ACT TO RESTRUCTURE THE HUNTING AND FISHING LICENSE SCHEDULE TO MORE CLEARLY DEFINE LICENSE REQUIREMENTS, TO PROVIDE FOR TWELVE-MONTH HUNTING AND FISHING LICENSES, TO ESTABLISH SHORT-TERM AND SEASON NONRESIDENT LICENSES FOR HUNTING GAME, AND TO PROVIDE FOR A FREE FISHING DAY.
The General Assembly of North Carolina enacts:
Section 1.  Article 21 of Chapter 113 of the General Statutes is amended by adding three new sections to read:
"§ 113-270.1B.  License required to hunt, fish, or trap.
	(a)	Except as otherwise specifically provided by law, no person may hunt, fish, trap, or participate in any other activity regulated by the Wildlife Resources Commission for which a license is provided by law without having first procured a current and valid license authorizing the activity.
(b)	Except as indicated otherwise, all licenses are annual licenses valid from the date of issue for a period of 12 months.
"§ 113-270.1C.  Combination hunting and fishing licenses.
(a)	The combination hunting and fishing licenses set forth in subsection (b) of this section entitle the holder to take, except on game lands, all wild birds and wild animals, other than big game and waterfowl, by all lawful methods and in all open seasons, and to fish with hook and line in all inland and joint fishing waters, except public mountain trout waters.
(b)	Combination hunting and fishing licenses issued by the Wildlife Resources Commission are:
(1) 	Resident Annual Combination Hunting and Fishing License – $20.00.  This license shall be issued only to an individual resident of the State.
(2)	Disabled Veteran Lifetime Combination Hunting and Fishing License – $7.50.  This license shall be issued only to an individual resident of the State who is a fifty percent (50%) or more disabled war veteran as determined by the Veterans Administration and remains valid for the lifetime of the individual so long as the individual remains fifty percent (50%) or more disabled.
(3)	Totally Disabled Resident Lifetime Combination Hunting and Fishing License – $7.50.  This license shall be issued only to an individual resident of the State who is totally disabled and is valid for the lifetime of the individual so long as the individual remains totally disabled.  For purposes of this section, 'totally disabled' means physically incapable of being gainfully employed.
"§ 113-270.1D.  Sportsman licenses.
(a)	Annual Sportsman License – $40.00.  This license shall be issued only to an individual resident of the State and entitles the holder to take all wild animals and wild birds, other than waterfowl, by all lawful methods in all open seasons, including the use of game lands, and to fish with hook and line for all fish in all inland and joint fishing waters, including public mountain trout waters.
(b)	Lifetime Sportsman Licenses.  Lifetime sportsman licenses are valid for the lifetime of the holders and entitle the holders to take all wild animals and wild birds by all lawful methods in all open seasons, including the use of game lands, and to fish with hook and line for all fish in all inland and joint fishing waters, including public mountain trout waters.  Lifetime sportsman licenses issued by the Wildlife Resources Commission are:  
(1)	Infant Lifetime Sportsman License – $200.00.  This license shall be issued only to an individual under one year of age.
(2)	Youth Lifetime Sportsman License – $350.00.  This license shall be issued only to an individual under 12 years of age.
(3)	Adult Resident Lifetime Sportsman License – $500.00.  This license shall be issued only to an individual resident of the State.
(4)	Nonresident Lifetime Sportsman License – $1,000.  This license shall be issued only to an individual nonresident of the State.
(5)	Age 70 Resident Lifetime Sportsman License – $10.00.  This license shall be issued only to an individual resident of the State who is at least 70 years of age."
Sec. 2.  G.S. 113-270.2 reads as rewritten:
"§ 113-270.2. Hunting licenses.
(a)	The hunting licenses set forth in subdivisions (1), (2), (3), (5), and (6) of subsection (c) of this section entitle the holder to take, except on game lands, wild birds and wild animals, other than big game and waterfowl, by all lawful methods and in all open seasons.  The comprehensive hunting licenses of subdivisions (2) and (5) of subsection (c) of this section further entitle the holder to take big game and to use game lands.
		(c)	The hunting licenses issued by the Wildlife Resources Commission are as follows:
							(1)	Resident State Hunting License – $15.00. This license shall be issued only to an individual resident of the State.
(2)	Lifetime Resident Comprehensive Hunting License – $250.00. This license shall be issued only to an individual resident of the State and is valid for the lifetime of the holder.
(3)	Resident County Hunting License – $10.00. This license shall be issued only to an individual resident of the State and is valid only in the county of residence of the license holder. 
( 4)	Controlled Hunting Preserve Hunting License – $15.00. This license shall be issued to an individual resident or nonresident to take only foxes and domestically raised game birds, other than wild turkey, only within a controlled hunting preserve licensed and operated in accordance with G.S. 113-273(g) and implementing rules of the Wildlife Resources Commission.
			(5)	Resident Annual Comprehensive Hunting License – $30.00. This license shall be issued only to an individual resident of the State.
					(6)	Nonresident State Hunting License.  This license shall be issued only to a nonresident.  The nonresident State hunting licenses issued by the Wildlife Resources Commission are:
a.	Season License – $40.00.
b.	Six-Day License – $25.00.  This license is valid for the six consecutive dates indicated on the license.
(d)	One dollar ($1.00) of the proceeds received from the sale of each nonresident hunting license sold pursuant to subdivision (6) of subsection (c) of this section shall be set aside by the Wildlife Resources Commission and contributed to a proper agency or agencies in the United States for expenditure in Canada for the restoration and management of migratory waterfowl."
Sec. 3.  G.S. 113-270.3 reads as rewritten:
"§ 113-270.3. Special activity licenses; big game kill reports.
(a)	In addition to any hunting, trapping, or fishing license that may be required pursuant to G.S. 113-270.1B(a), individuals engaging in specially regulated activities must have the appropriate special activity license prescribed in this section before engaging in the regulated activity.  
(b)	The special activity licenses issued by the Wildlife Resources Commission are as follows:
(1)	Resident Big Game Hunting License – $10.00. This license shall be issued only to an individual resident of the State and entitles the holder to take big game by all lawful methods and during all open seasons.
		" (2)	Nonresident Big Game Hunting License.  This license shall be issued only to an individual nonresident of the State and entitles the holder to take big game by all lawful methods and during all open seasons.  The nonresident big game hunting licenses issued by the Wildlife Resources Commission are:
a.	Season License – $40.00.
b.	Six-Day License – $25.00.  This license is only valid for the six consecutive dates indicated on the license.
( 3)	Game Land License – $15.00. This license shall be issued to an individual resident or nonresident of the State and entitles the holder to hunt and trap on game lands managed by the Wildlife Resources Commission.  The Wildlife Resources Commission may, pursuant to G.S. 113-264(a), designate in its rules other activities on game lands that require purchase of this license and may charge additional fees for use of specially developed facilities. 
(4)	Falconry License – $10.00. This license shall be issued to an individual resident or nonresident of the State and must be procured before:
a.	Taking, importing, transporting, or possessing a raptor; or
b.	Taking wildlife by means of falconry.
The Wildlife Resources Commission may issue classes of falconry licenses necessary to participate in the federal/State permit system, require necessary examinations before issuing licenses or permits to engage in various authorized activities related to possession and maintenance of raptors and the sport of falconry, and regulate licenses as required by governing federal law and rules. To defray the costs of administering required examinations, the Wildlife Resources Commission may charge reasonable fees upon giving them. To meet minimum federal standards plus other State standards in the interests of conservation of wildlife resources, the Wildlife Resources Commission may impose all necessary controls, including those set out in the sections pertaining to collection licenses and captivity licenses, and may issue permits and require reports, but no collection license or captivity license is needed in addition to the falconry license.
(5)	Migratory Waterfowl Hunting License – $5.00.  This license shall be issued to an individual resident or nonresident of the State and entitles the holder to take migratory waterfowl in accordance with applicable laws and regulations. The Wildlife Resources Commission may implement this license requirement through the sale of an official waterfowl stamp which may be a facsimile, in an appropriate size, of the waterfowl conservation print authorized by G.S. 113-270.2B.  An amount not less than one-half of the annual proceeds from the sale of this license shall be used by the Commission for cooperative waterfowl habitat improvement projects through contracts with local waterfowl interests, with the remainder of the proceeds to be used by the Commission in its statewide programs for the conservation of waterfowl.
(c)	Any individual who kills any species of big game must report the kill to the Wildlife Resources Commission. The Commission may by rule prescribe the method of making the report, prescribe its contents, and require positive identification of the carcass of the kill, by tagging or otherwise.  The Wildlife Resources Commission may administratively provide for the annual issuance of big game tags or other identification for big game authorized by this section to holders of lifetime sportsman licenses and lifetime comprehensive hunting licenses.
(d)	
	Any individual who possesses any of the lifetime sportsman licenses established by G.S. 113-270.1D(b) may engage in specially regulated activities without the licenses required by subdivisions (1), (2), (3), and (5) of subsection (b) of this section.  Any individual possessing an annual sportsman license established by G.S. 113-270.1D(a) or a lifetime or annual comprehensive hunting license established by G.S.113-270.2(b)(1) or (2) may engage in specially regulated activities without the licenses required by subdivisions (1) and (3) of subsection (b) of this section.
(e)	
When the Wildlife Resources Commission establishes a primitive weapons season pursuant to G.S. 113-291.2(a), all of the combination hunting and fishing licenses established in G.S.113-270.1C, sportsman licenses established in G.S. 113-270.1D, and hunting licenses established in G.S. 113-270.2(b)(1), (2), (3), (5), and (6) entitle the holder to participate. For purposes of this section, 'primitive weapons' include bow and arrow, muzzle-loading firearm, and any other primitive weapon specified in the rules of the Wildlife Resources Commission."
Sec. 4.  G.S.  113-271 reads as rewritten:
"§ 113-271.  Hook-and-line licenses in inland fishing waters.
(a)	All the hook-and-line fishing licenses set forth in subsection (b) of this section entitle the holder to fish with hook and line in the inland and joint waters of the State, but not in public mountain trout waters.  The licenses set forth in subdivisions (1), (3), (7), and (9) of subsection (b) of this section further entitle the holder to fish with hook and line in public mountain trout waters.
		(d)	The hook-and-line fishing licenses issued by the Wildlife Resources Commission are as follows:
						(1)	Resident Annual Comprehensive Fishing License – $20.00.  This license shall be issued only to an individual resident of the State.
						(2)	Resident State Fishing License – $15.00. This license shall be issued only to an individual resident of the State.
(3)	Lifetime Resident Comprehensive Fishing License – $250.00. This license shall be issued only to an individual resident of the State and is valid for the lifetime of the holder.
	(4)	Resident County Fishing License – $10.00. This license shall be issued only to an individual resident of the State and is valid only within the county of residence of the license holder.
							(5) 	Nonresident State Fishing License – $30.00.This license shall be issued only to an individual within the State.
				(6)	Short-Term Fishing Licenses.  Short-term fishing licenses are valid only for the date or consecutive dates indicated on the licenses.  Short-term fishing licenses issued by the Wildlife Resources Commission are:
a.	Resident one day – $5.00.  This license shall be issued only to a resident of the State.
b.	Nonresident one day – $10.00.  This license shall be issued only to a nonresident of the State.
c.	Nonresident three day – $15.00.  This license shall be issued only to a nonresident of the State.
(7) 	Lifetime Fishing License for the Legally Blind – No charge.  This license shall be issued only to an individual resident of the State who has been certified by the Department of Human Resources as a person whose vision with glasses is insufficient for use in ordinary occupations for which sight is essential. This license is valid for the life of the individual so long as he remains legally blind.
				(8)	Rest Home Resident Fishing License – No charge. This license shall be issued only to an individual resident of the State who resides in a domiciliary home as defined in G.S. 131D-2(a)(3) or G.S. 131E-101(4).  This license is valid for the life of the individual so long as he remains a resident of a domiciliary home.
( 9)  	Special Guest Fishing License – $50.00.  This license shall be issued only to the owner or lessee of private property bordering inland or joint fishing waters, including public mountain trout waters, and entitles persons 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 fishing 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 fishing license is not transferable as to person or location. "
Sec. 5.  G.S. 113-272 reads as rewritten:
"§ 113-272. Special trout license.
(a)	In addition to such hook-and-line fishing license as may be required in G.S. 113-270.1B, no one may fish in public mountain trout waters without having first procured a current and valid special trout license.  When public mountain trout waters occur on game lands, this license entitles the holder to use game lands only for the purpose of access to public mountain trout waters to fish with hook and line.
	(c)	Public mountain trout waters are those waters so designated by the Wildlife Resources Commission which are managed and regulated to sustain a mountain trout fishery.
(d)	
												Special Trout License – $10.00. This license shall be issued to an individual resident or nonresident of the State and entitles the holder to fish with hook and line in public mountain trout waters.
									(e)	Any individual who possesses the annual sportsman license established by G.S. 113-270.1D(a) or any of the lifetime sportsman licenses established by G.S. 113-270.1D(b) may fish with hook and line in public mountain trout waters without the license required by this section."
Sec. 6.  G.S. 113-276 is amended by adding a new subsection to read:
"( m)	Notwithstanding any other provision of law, the fourth day of July of each year is declared a free fishing day to promote the sport of fishing and no hook-and-line fishing license is required to fish in any of the public waters of the State on this day.  All other laws and rules pertaining to hook-and-line fishing still apply."
Sec. 7. G.S. 113-275(b1) reads as rewritten:
"(b1)	No hunting or fishing license issued to a qualified applicant under the provisions of G.S. 113-270.1C, 113-270.1D, 113-270.2, 113-270.3, 113-271, or 113-272 becomes invalid for use during the term for which it is issued by reason of a removal of the residence of the licensee to another state. This provision applies to resident and nonresident licenses and to renewable and lifetime licenses."
Sec. 8.  G.S. 113-276(c) reads as rewritten:
"(c)	Except as otherwise provided in this Subchapter, every landholder, his spouse, and dependents under 18 years of age residing with him may take wildlife upon the land held by the landholder without any license required by G.S. 113-270.1B and G.S. 113-270.3(a), except that such persons are not exempt from the falconry license described in G.S. 113-270.3(b)(4). "
Sec. 9.  G.S. 113-276(d) reads as rewritten:
"(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), and the fishing license requirement of G.S. 113-272, if: 
(1) 	He is accompanied by a responsible adult who is in compliance with applicable license requirements; or
(2) 	He is carrying a current and valid license appropriate to the activity which has been issued to one of his parents or to his guardian.
Individuals under 16 years of age are exempt from the fishing license requirements of G.S. 113-270.1B and G.S. 113-271."
Sec. 10.  G.S. 143-250.1(c) reads as rewritten:
"(c)	The assets of the Wildlife Endowment Fund shall be derived from the following:
(1) 	The proceeds of any gifts, grants and contributions to the State which are specifically designated for inclusion in the fund;
(2) 	The proceeds from the sale of lifetime sportsman combination licenses issued pursuant to G.S. 113-270.1D; 
(3) 	The proceeds from the sale of lifetime hunting and lifetime fishing licenses pursuant to G.S. 113-270.2(c)(2) and G.S. 113-271(d)(3); 
(4) 	The proceeds of lifetime subscriptions to the magazine Wildlife in North Carolina at such rates as may be established from time to time by the Wildlife Resources Commission;
(5) 	Any amount in excess of the statutory fee for a particular lifetime license or lifetime subscription shall become an asset of the fund and shall qualify as a tax exempt donation to the State;
(6) 	Such other sources as may be specified by law."
Sec. 11. G.S 143-250.1(d) reads as rewritten:
"(d)	The Wildlife Endowment Fund is declared to constitute a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of such special trust, the following limitations and restrictions are placed on expenditures from the funds:
(1) 	Any limitations or restrictions specified by the donors on the uses of the income derived from gifts, grants and voluntary contributions shall be respected but shall not be binding.
(2) 	No expenditures or disbursements from the income from the proceeds derived from the sale of Infant Lifetime  Sportsman or Youth Lifetime Sportsman Licenses pursuant to G.S. 113-270.1D(b)(1) or (2)  shall be made for any purpose until the respective holders of such licenses attain the age of 16 years. The State Treasurer, as custodian of the fund, shall determine actuarially from time  to time the amount of income within the fund which remains encumbered by and which is free of this restriction. For such purpose, the executive director shall cause deposits of proceeds from Infant Lifetime Sportsman Licenses to be distinguished and deposits of proceeds from Youth Lifetime Sportsman Licenses to be accompanied by information as to the ages of the license recipients.
(3) 	No expenditure or disbursement shall be made from the principal of the Wildlife Endowment Fund except as otherwise provided by law.
(4) 	The income received and accruing from the investments of the  Wildlife Endowment Fund must be spent only in furthering the conservation of wildlife resources and the efficient operation of the North Carolina Wildlife Resources Commission in accomplishing the purposes of the agency as set forth in G.S. 143-239."
Sec. 12.  G.S. 143-250.1(h) reads as rewritten:
	"(h) In the event of a future dissolution of the Wildlife Resources  Commission, such State agency as shall succeed to its budgetary authority shall, ex officio, assume the trusteeship of the Wildlife Endowment Fund and shall be bound by all the limitations and restrictions placed by this section on expenditures from the fund. No repeal or modification of this section or of G.S. 143-239 shall alter the fundamental purposes to which the Wildlife Endowment Fund may be applied. No future dissolution of the Wildlife Resources Commission or substitution of any agency in its stead shall invalidate any lifetime  license issued in accordance with G.S. 113-270.1D(b), 113-270.2(c)(2), or 113-271(d)(3). "
Sec. 13.  Section 6 of this act becomes effective July 1, 1993.  The remainder of this act becomes effective July 1, 1994.