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. Summarized in Daily Bulletin 3/22/11, 4/6/11, 4/20/11, and 6/14/11. Enacted June 27, 2011. GS 106-798A and GS 106-798B, as enacted by Section 1, are effective October 1, 2012. The remainder is effective October 1, 2011. Act applies to acts that occur on or after the effective date.
Summary date: Jun 30 2011 - View summary
Summary date: Jun 14 2011 - View summary
Senate amendment makes the following changes to 3rd edition. Makes technical changes.
Summary date: Apr 20 2011 - View summary
Senate committee substitute makes the following changes to 2nd edition.
Requires the Board of Agriculture to adopt rules to charge any swine owner a fee for the official form of identification required to transport swine (was, provided that the Board may adopt such rules). Amends GS 113-291.1 to provide that any person convicted of unlawfully taking bear (was, bear or wild boar) is punishable as provided by GS 113-294(c1).
Summary date: Apr 6 2011 - View summary
House committee substitute makes the following changes to 1st edition.
Makes a clarifying change, specifying that the act applies to the transportation of live swine.
Summary date: Mar 22 2011 - View summary
Adds new Article 66A, Transportation of Swine, to GS Chapter 106. Prohibits transporting swine on a public road within North Carolina unless the swine has an official form of identification approved by the State Veterinarian. Presumes any swine transported on a public road in the state without identification to be a feral swine subject to regulation by the Wildlife Resources Commission (Commission) under GS Chapter 113. Provides that a person transporting a swine without proper identification is subject to a civil penalty under proposed Article 66A. Exempts swine that do not leave the premises of the swine owner from the identification requirement. Authorizes the Board of Agriculture (Board) to adopt rules to charge a fee to a swine owner for the identification required under this proposed Article.
Provides that each swine that has no identification is a separate violation and each violation is subject to a civil penalty of up to $5,000. Makes a person who misuses the identification required under this proposed Article subject to a civil penalty of $1,000 for each occurrence. Defines misusing identification required under proposed Article 66A to mean knowingly providing the identification to someone other than the owner of the swine or engaging in other activity that violates proposed Article 66A. Provisions regarding civil penalties are effective October 1, 2012.
Amends GS 113-129 (definitions relating to resources) to remove wild boar from the definition for Big Game, and delete the definition for wild boar. Adds a definition for feral swine meaning free-ranging mammals of the species Sus scrofa (was, the definition for wild boar except specified that the term referred to mammals of the species Sus scrofa that occur in counties identified in the rules of the Commission). Makes conforming changes to GS 113-270.3(b)(1a).
Current law provides that no wild animals or birds may be taken with the use of artificial light or electronic calls with the exception that crows and coyotes may be taken with the aid of electronic calling devices. Amends GS 113-291.1 to delete provision permitting the taking of crows and coyotes with the aid of electronic calling devices, instead provides that the Commission may adopt rules prescribing seasons and the manner of taking wild animals and wild birds with the use of artificial light and electronic calls. Makes a conforming change. Replaces the precise definition of the type of pistol (a .22 caliber with a barrel not less than five and one-half inches in length) permitted for use during open season for taking the specified species with the generic term pistol. Amends GS 113-291.8(a) to exclude the hunting of feral swine from those hunting activities requiring the hunter to wear easily visible orange attire.
Enacts new GS 113-291.12 to make it unlawful to remove feral swine from a trap while the swine is still alive or to transport the live swine after it is removed. Amends GS 113-294 to make a violation of proposed GS 113-291.12 a Class 2 misdemeanor. Provides that the acts of (1) removal and (2) transporting after removal are separate offenses.
Except as otherwise indicated, effective October 1, 2011.