A BILL TO BE ENTITLED
AN ACT to regulate deer hunting with dogs in richmond county.
The General Assembly of North Carolina enacts:
SECTION 1.  Definitions. – The following definitions apply in this act:
(1)	"Dog Deer Hunting Area" (DDHA) means an area meeting the following criteria and on which dog deer hunting is permissible. The area must be:
a.	At least 640 acres in area (one square mile), except that in the case of a person hunting on his or her own land, the area must be at least 250 acres in area.
b.	One contiguous tract on which the hunting rights are owned, leased, or controlled by a hunting group. Several tracts of separate ownership may be combined by hunting groups to make up the minimum required size of the DDHA. Public roadways traversing a tract shall not divide the tract for purposes of this definition.
c.	Posted on all boundaries, entry routes, and roads as a Dog Deer Hunting Area.
(2)	"Dog Deer Hunting Area Permit" means an annual permit issued by Richmond County authorizing Dog Deer Hunting on a Dog Deer Hunting Area as defined in this section on an application form supplied by the Department that contains information sufficient to determine qualification and eligibility of the area as a Dog Deer Hunting Area.
(3)	"Dog Deer Hunting" or "Dog Deer Hunt" refers to activity in which a person (i) takes a stand on land or water, in or on a boat or vehicle of any description that is stopped on water or land, on a public or private road, or on any right‑of‑way, (ii) while in possession of a weapon capable of killing a deer, and (iii) while dogs belonging to, or under the control of, the person are present in the area as evidenced by sight or sound.
(4)	"While in possession of a weapon capable of killing a deer" does not apply when all weapons are unloaded and encased, disassembled, or stored in a vehicle, toolbox, trunk, or other compartment; and, if weapons are not stored as described, then they must be located at least 30 feet from ammunition capable of being used in the weapon in order for the term not to apply.
SECTION 2.  Criteria. – The following criteria shall apply to hunters using the Dog Deer Hunting Area and to dogs used in the hunt:
(1)	Every hunter, while hunting deer in the DDHA, shall carry written permission to hunt in the area or proof of membership to the group or club holding the dog deer hunting rights to the property.
(2)	One or more of the hunters shall be designated as Hunt Master and shall be responsible for the hunting party's compliance with requirements of the Dog Deer Hunting Plan. The Hunt Master shall be knowledgeable of all the dog owners and handlers participating in the Dog Deer Hunt and be able to contact them during the hunt.
(3)	Every dog used in the Dog Deer Hunt shall have a metal tag attached to its collar displaying the name, address, and telephone number of its owner or handler and the DDHA permit number.
SECTION 3.  Prohibited Acts. – It is unlawful to do any of the following:
(1)	Engage in Dog Deer Hunting with the use of dogs on land that does not qualify as a Dog Deer Hunting Area and for which a current and valid Dog Deer Hunting Area Permit has not been obtained.
(2)	Use any dog to deer hunt on a Dog Deer Hunting Area that is not tagged as specified in this act.
(3)	Hunt in a Dog Deer Hunting Area without carrying written permission or evidence of membership in the authorized hunting group or club.
(4)	Hunt on, from, or across any public road or road right‑of‑way.
(5)	Fail to stop a Dog Deer Hunt when any dog involved in the hunt crosses from the Dog Deer Hunting Area onto lands not registered as a Dog Deer Hunting Area. The Dog Deer Hunt may not continue in the designated Dog Deer Hunting Area until the errant dog has been retrieved. The requirement to stop the Dog Deer Hunt when one or more hunting dog crosses onto land not registered as a Dog Deer Hunting Area shall not apply if the Hunt Master or his designee and two other participants in the Dog Deer Hunt initiate a search for and an attempt to retrieve the errant dog or dogs, provided that the offended landowner may stop the hunt by reporting the trespass to the Hunt Master or to the Wildlife Resources Commission. The Hunt Master is responsible for compliance with every aspect of this requirement.
(6)	Hunt on another's land without having, on the person, written permission signed and dated by the owner, lessee, or club president, if applicable. Permission is good for one year unless otherwise stated. Allowing a dog under one's ownership, possession, or control to run upon or across another's land without written permission constitutes hunting on that land and is subject to the requirement for written permission as set forth in this subsection.
(7)	Kill, injure, steal, or harm in any way any dog used in a Dog Deer Hunt merely because the dog crossed from property registered as a Dog Deer Hunting Area to an area where written permission to hunt with dogs has not been obtained.
(8)	Fraudulently or untruthfully report that a dog or hunter has infringed upon an area where written permission has not been obtained.
SECTION 4.  Penalties. – Penalties for violation of the provisions of this act are as follows:
(1)	A violation of subdivision (1), (2), (3), (4), (6), (7), or (8) of Section 3 of this act is punishable as a Class 2 misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00), no part of which may be suspended, or imprisonment for not more than 30 days, or both. The court shall transmit the record of the conviction to the Wildlife Resources Commission for hunting license suspension pursuant to subdivision (2) of this subsection.
(2)	In addition to any other penalties provided by law, a person convicted for more than two violations within a two‑year period of any of the prohibited acts set forth in subdivision (1), (2), (3), (4), (6), (7), or (8) of Section 3 of this act shall have his or her hunting privileges suspended by the Wildlife Resources Commission, and the convicted person's hunting license shall remain suspended until the person successfully completes a hunter education class administered by the Commission.
(3)	Upon the first violation of subdivision (5) of Section 3 of this act, a person may be given a written warning of violation pursuant to G.S. 113‑140. Any subsequent violation of that subdivision is punishable as a Class 2 misdemeanor and punishable by a fine of up to five hundred dollars ($500.00). Violations of subdivision (5) of Section 3 of this act shall count toward the suspension of individual hunting licenses as set forth in subdivision (2) of this section and for suspension or cancellation of the Dog Deer Hunting Area Permits as set forth in subdivision (4) of this section.
(4)	Any Dog Deer Hunting Area Permit shall be suspended or revoked by Richmond County upon more than two convictions for violations of the prohibited acts contained in Section 3 of this act within a two year period. The violations that count toward suspension or cancellation of a Dog Deer Hunting Area Permit shall include convictions for any of the prohibited acts contained in Section 3 of this act by any participant in any Dog Deer Hunts being conducted on the lands covered by the Dog Deer Hunting Permit. The term "participant" as used in this subdivision includes any and all Hunt Masters appointed by the club or group of hunters hunting on the Dog Deer Hunting Area. A Dog Deer Hunting Area shall not be eligible for reinstatement, reissuance, or renewal of a Dog Deer Hunting Area Permit for a period of at least one year from the date of revocation. The length of suspension of a Dog Deer Hunting Area Permit for multiple violations of this act shall be established by Richmond County.
SECTION 5.  Enforcement. – This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction.
SECTION 6.  Application. – This act applies only to that portion of Richmond County in which deer hunting with dogs is not prohibited pursuant to Chapter 869 of the 1985 Session Laws, as amended by Chapter 110 of the 1995 Session Laws.
SECTION 7.  Effective Date. – This act becomes effective September 1, 2011, and applies to acts committed on or after that date.