GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

HOUSE BILL 402
RATIFIED BILL

AN ACT TO REGULATE ROAD HUNTING, TO REGULATE HUNTING ON THE LAND OF ANOTHER, TO PROHIBIT THE TAKING OF DEER FROM A BOAT IN BERTIE COUNTY, AND TO REPEAL EXISTING BERTIE COUNTY LOCAL ACTS INCONSISTENT WITH THESE LAWS.   

The General Assembly of North Carolina enacts:

SECTION 1.  It is unlawful to hunt, take, or kill any wild animal or wild bird, or to attempt to hunt, take, or kill any wild animal or wild bird, with the use of a firearm or bow and arrow, from, on, across, or over the roadway or right‑of‑way of any public road, street, or highway.
SECTION 2.  It is unlawful for any person to discharge a firearm or bow and arrow from, on, across, or over the roadway of any public road, street, or highway; and it is unlawful for any person to discharge a firearm or bow and arrow from, on, across, or over the right‑of‑way of any public road, street, or highway, unless the person is the owner or lessee of the land abutting the right‑of‑way.
SECTION 3.  It is unlawful for any person to possess a firearm or bow and arrow outside of the passenger compartment of a vehicle while on the roadway or right‑of‑way of any public road, street, or highway unless the person is the owner or lessee of the land abutting the right‑of‑way.
SECTION 4.  It is unlawful to hunt or to possess a firearm or bow and arrow on the land of another without the permission of the landowner or the landowner's lessee.
SECTION 5.  It is unlawful to take deer from any vessel in the Roanoke River above the U.S. Highway 17 bridge, whether the vessel is under power or not, except that a vessel may be used for transportation to and from otherwise lawful hunting stands upon land owned or leased by a person or upon which a person has written permission to hunt.
SECTION 6.  Violations of Sections 1 through 5 of this act are Class 3 misdemeanors.
SECTION 7.  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 8.  Section 4 of Chapter 1376 of the 1955 Session Laws reads as rewritten:
"Sec. 4. The provisions of this Act shall not apply to any land in Halifax County beginning at the water edge on the southern side of the Roanoke  River or to any land in Bertie County beginning at the water edge on the northern side of the Roanoke River."
SECTION 9.  Section 1 of Chapter 252 of the 1963 Session Laws reads as rewritten:
"Sec. 1. It shall be unlawful for any person to discharge any rifle having a bore larger than .22 caliber or any center fire rifle, on or from the right‑of‑way of any public highway, roadway or other publicly maintained thoroughfare in Hertford  County or from any vehicle, whether moving or standing, upon the right‑of‑way of said roads."
SECTION 10.  Section 3 of Chapter 252 of the 1963 Session Laws reads as rewritten:
"Sec. 3. The prohibitions of this Act shall not apply to enforcement officers on the performance of official duties, and shall not prohibit the use of shotguns. This Act shall apply to the  County of Hertford  only."
SECTION 11.  Section 5 of Chapter 1333 of the 1973 Session Laws reads as rewritten:
"Sec. 5. This act shall apply only to the counties of  Durham, Hertford, Gates and Pasquotank."
SECTION 12.  Chapters 287 and 289 of the 1975 Session Laws are repealed.
SECTION 13.  This act applies only to Bertie County.
SECTION 14.  This act becomes effective October 1, 2001.
In the General Assembly read three times and ratified this the 16th day of August, 2001.

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		 Beverly E. Perdue
	 President of the Senate

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		 James B. Black
	 Speaker of the House of Representatives