GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 3
HOUSE BILL 432
Committee Substitute Favorable 4/6/11
Senate Agriculture/Environment/Natural Resources Committee Substitute Adopted 4/20/11
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Short Title: Swine in Transport/Regulate Feral Swine. |
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Sponsors: |
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Referred to: |
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March 23, 2011
A BILL TO BE ENTITLED
AN ACT to prohibit the transportation of LIVE swine unless the swine has an official form of identification Approved by the state veterinarian for this purpose, to classify all free‑ranging mammals of the species sus scrofa as feral swine, to provide for the taking of feral swine as a nongame animal, and to prohibit the removal of live feral swine from traps.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 106 of the General Statutes is amended by adding a new Article to read:
"Article 66A.
"Transportation of Swine.
"§ 106‑798. Identification required to transport swine.
(a) No live swine shall be transported on a public road within the State unless the swine has an official form of identification approved by the State Veterinarian for this purpose.
(b) Any live swine that is transported on a public road within this State without identification as required by this section is presumed to be a feral swine and is also subject to regulation by the Wildlife Resources Commission under Chapter 113 of the General Statutes. Any person transporting a swine without identification is subject to a civil penalty under this Article.
(c) Swine that do not leave the premises of the swine owner are not subject to the identification requirement under this section.
(d) The Board of Agriculture shall adopt rules to charge any swine owner a fee for the identification required under this section. The fee may not exceed the actual cost to the Department of Agriculture and Consumer Services for the identification approved by the State Veterinarian and any direct administrative costs associated with providing the identification to swine owners. The Board of Agriculture shall adopt any other rules necessary to implement this Article.
"§ 106‑798A. Penalty for unlawful transport of swine without identification.
Any person who fails to obtain identification as required under this Article shall be subject to a civil penalty of up to five thousand dollars ($5,000) for each violation. Each swine that has no identification is a separate violation.
"§ 106‑798B. Penalty for misuse of identification.
Any person who misuses the identification required under this Article shall be subject to a civil penalty of one thousand dollars ($1,000) for each occurrence. A person misuses identification required under this Article by knowingly providing it to other than the owner of the swine or by engaging in other activity that is in violation of this Article."
SECTION 2. G.S. 113‑129 reads as rewritten:
"§ 113‑129. Definitions relating to resources.
The following definitions and their cognates apply in the description of the various marine and estuarine and wildlife resources:
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(1b) Big Game. – Bear, wild boar, wild turkey, and
white‑tailed deer.
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(5c) Feral Swine. – Free‑ranging mammals of the species Sus scrofa.
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(7c) Game Animals. – Bear, fox, rabbit, squirrel, wild
boar, white‑tailed deer, and, except when trapped in accordance with
provisions relating to fur‑bearing animals, bobcat, opossum, and raccoon.
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(15) Wild Animals. – Game animals; fur‑bearing animals; feral swine; and all other wild mammals except marine mammals found in coastal fishing waters. In addition, this definition includes members of the following groups which are on the federal list of endangered or threatened species: wild amphibians, wild reptiles except sea turtles inhabiting and depending upon coastal fishing waters, and wild invertebrates except invertebrates declared to be pests under the Structural Pest Control Act of North Carolina of 1955 or the North Carolina Pesticide Law of 1971. Nothing in this definition is intended to abrogate G.S. 113‑132(c), confer jurisdiction upon the Wildlife Resources Commission as to any subject exclusively regulated by any other agency, or to authorize the Wildlife Resources Commission by its regulations to supersede valid provision of law or regulation administered by any other agency.
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(15b) Wild Boar. – Free‑ranging mammals of
the species Sus scrofa that occur in counties identified in the rules of the Wildlife
Resources Commission.
…."
SECTION 3. G.S. 113‑270.3(b)(1a) reads as rewritten:
"(1a) Nonresident Bear/Wild BoarBear
Hunting License – $125.00. This license is valid for use only by an individual
within the State and must be procured before taking any bear or wild boar within
the State. Notwithstanding any other provision of law, a nonresident individual
may not take any bear or wild boar within the State without procuring
this license; provided, that those persons who have a nonresident lifetime sportsman
combination license purchased prior to May 24, 1994, shall not have to purchase
this license."
SECTION 4. G.S. 113‑291.1 reads as rewritten:
"§ 113‑291.1. Manner of taking wild animals and wild birds.
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(b) No wild animals or wild birds may be taken:
(1) From or with the use of any vehicle; vessel, other than one manually propelled; airplane; or other conveyance except that the use of vehicles and vessels is authorized:
a. As hunting stands, subject to the following limitations. No wild animal or wild bird may be taken from any vessel under sail, under power, or with the engine running or while still in motion from such propulsion. No wild animal or wild bird may be taken from any vehicle if it is in motion, the engine is running, or the passenger area of the vehicle is occupied. The prohibition of occupying the passenger area of a vehicle does not apply to a disabled individual whose mobility is restricted.
b. For transportation incidental to the taking.
(2) With the use or aid of any artificial light, net,
trap, snare, electronic or recorded animal or bird call, or fire, except as may
be otherwise provided by statute[;] provided, however, that crows and
coyotes may be taken with the aid of electronic calling devices.the
Wildlife Resources Commission may adopt rules prescribing seasons and the
manner of taking of wild animals and wild birds with the use of artificial
light and electronic calls. No wild birds may be taken with the use or aid
of salt, grain, fruit, or other bait. No black bear or wild boar may be
taken with the use or aid of any salt, salt lick, grain, fruit, honey, sugar‑based
material, animal parts or products, or other bait, and no wild turkey may be
taken from an area in which bait has been placed until the expiration of 10
days after the bait has been consumed or otherwise removed. The taking of wild
animals and wild birds with poisons, drugs, explosives, and electricity is
governed by G.S. 113‑261, G.S. 113‑262, and Article 22A
of this Subchapter.
Upon finding that the placement of processed food products in areas frequented by black bears is detrimental to the health of individual black bears or is attracting and holding black bears in an area to the extent that the natural pattern of movement and distribution of black bears is disrupted and bears' vulnerability to mortality factors, including hunting, is increased to a level that causes concern for the population, the Wildlife Resources Commission may adopt rules to regulate, restrict, or prohibit the placement of those products and prescribe time limits during which hunting is prohibited in areas where those products have been placed.
Any person who is convicted of
unlawfully taking bear or wild boar with the use or aid of any type of
bait as provided by this subsection or by rules adopted pursuant to this
subsection is punishable as provided by G.S. 113‑294(c1).
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(g) If a season is open permitting such method of
taking for the species in question, a hunter may take rabbits, squirrels,
opossum, raccoons, fur‑bearing animals, and nongame animals and birds
open to hunting with a pistol of .22 caliber with a barrel not less than
five and one‑half inches in length.pistol. In addition, a
hunter or trapper lawfully taking a wild animal or wild bird by another lawful
method may use a knife, pistol, or other swift method of killing the animal or
bird taken. The Wildlife Resources Commission may, however, restrict or
prohibit the carrying of firearms during special seasons or in special areas
reserved for the taking of wildlife with primitive weapons or other restricted
methods.
…."
SECTION 5. G.S. 113‑291.8(a) reads as rewritten:
"(a) Any person hunting game animals other than foxes, bobcats, raccoons, and opossum, or hunting upland game birds other than wild turkeys, or hunting feral swine, with the use of firearms, must wear a cap or hat on his head made of hunter orange material or an outer garment of hunter orange visible from all sides. Any person hunting deer during a deer firearms season shall wear hunter orange. Hunter orange material is a material that is a daylight fluorescent orange color.
This section does not apply to a landholder, his spouse, or children, who are hunting on land held by the landholder. This subsection shall be enforced by warning ticket only until October 1, 1992, with respect to those hunting rabbit, squirrel, grouse, pheasant, and quail."
SECTION 6.(a) Article 22 of Chapter 113 of the General Statutes is amended by adding a new section to read:
"§ 113‑291.12. Unlawful to remove live feral swine from traps.
It is unlawful to remove feral swine from a trap while the swine is still alive or to transport the live swine after that removal."
SECTION 6.(b) G.S. 113‑294 is amended by adding a new subsection to read:
"(s) Any person who violates the provisions of G.S. 113‑291.12 by unlawfully removing feral swine from a trap while the swine is still alive or by transporting such swine after that removal is guilty of a Class 2 misdemeanor. The acts of removal from a trap and of transporting the swine after removal shall constitute separate offenses."
SECTION 7. G.S. 106‑798A and G.S. 106‑798B, as enacted by Section 1 of this act, become effective October 1, 2012. The remainder of this act becomes effective October 1, 2011. This act applies to acts that occur on or after the effective date.