Bill Summary for S 339 (2021)

Summary date: 

Jun 30 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 339 (Public) Filed Tuesday, March 23, 2021
AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE WILDLIFE RESOURCES COMMISSION.
Intro. by Sawyer, Britt.

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Bill summary

House committee substitute replaces the content of the 1st edition with the following.

Section 1

Enacts GS 113-306(g) making it a Class 3 misdemeanor for a first conviction, and a Class 2 misdemeanor for subsequent convictions within three years, to violate the emergency powers of the Executive Director of the Wildlife Resources Commission (WRC) or rules adopted by WRC pursuant to subsection (f) upon determining their necessity to respond to a wildlife disease that threatens irreparable injury to wildlife or the public. 

Enacts new subdivision (b)(4) to GS 113-135.1, making a conforming change to except from the statute's limitation on penalties for offenses created by WRC rules, rule violations related to a violation of emergency powers exercised to respond to a wildlife disease that threatens irreparable injury to wildlife or the public pursuant to GS 113-306(f).

Applies to offenses committed on or after December 1, 2022. 

Section 2

Amends GS 113-273(f) to amend the provisions governing fur dealer licenses. Changes the definition of dealing in furs to mean any individual who buys and sells the raw furs, pelts, or skins of fur-bearing animals or other wild animals that may lawfully be sold, or the raw furs, pelts, or skins of wild animals which may not themselves be sold but whose fur, pelt, or skin may lawfully be sold (previously, defined as engaging in the business of buying or selling fur-bearing animals or other wild animals that may lawfully be sold, the raw furs, pelts, or skins of those animals, or skins of wild animals which may not themselves be sold but whose fur, pelt, or skin may lawfully be sold). Regarding the authority of hunters and trappers to exclusively sell lawfully taken wild animals or their furs, pelts, or skins to licensed fur dealers, similarly limits the authority to only allows selling the raw furs, pelts, and skins of lawfully taken wild animals to licensed dealers (no longer including authority to sell the animals themselves). Reduces fur-dealer licensing fees from $60 to $30 for residents, and from $300 to $60 for nonresidents. Makes language gender neutral. Effective August 1, 2022.

Section 3 repeals SL 2021-76, which (1) disapproves of the amendment to 15A NCAC 10B .0201 (Prohibited Taking and Manner of Take), defined as the "Cervid Excretion Rule," adopted by WRC on February 25, 2020, and (2) directs WRC to implement the Cervid Excretion Rule as described, and adopt a rule consistent with the described directive, applicable to any cervid excretions used for hunting on or after December 1, 2021. 

Section 4

Directs WRC to implement the the Cervid Excretion Rules, defined as 15A NCAC 10B .0201 (Prohibited Taking and Manner of Take) as follows. Prohibits processing or using any substance or material that contains or is labeled as containing any excretion collected from a cervid, including bodily fluids, for the purposes of taking or attempting to take, attracting, or scouting wildlife. Describes two products excluded from the prohibition: (1) labeled products containing synthetic analogs of cervid excretions; and (2) natural deer urine products identified as free from chronic wasting disease (CWD) based on specified independent laboratory testing. Requires the WRC to adopt a permanent rule to implement the Cervid Excretion Rule as described. Applies to any cervid excretions used for hunting on or after July 1, 2022. 

Section 5

Amends GS 113-351 to no longer exclude fishing with hook and line in public mountain trout waters from the authorities granted with a resident subsistence unified inland/coastal recreational fishing license waiver, described in subsection (d).

Section 6

Adds the term domestically raised waterfowl and game birds to the defined terms set forth in GS 113-129 for terms related to marine and estuarine and wildlife resources. Defines the term as propagated mallard ducks in accordance with identified federal law, bobwhite quail, ringed neck pheasants, chukar partridges, and Hungarian partridges. 

Changes the act's titles. 

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