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NC Register Volume 21 Issue 09 - Office of Administrative Hearings

NC Register Volume 21 Issue 09 - Office of Administrative Hearings

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APPROVED RULES<br />

(c) Agricultural and horticultural water users that depend on the<br />

water storage <strong>of</strong> a privately or publicly owned impoundment or<br />

withdraw water under a contract issued by the owner <strong>of</strong> an<br />

impoundment shall have a written plan for responding to water<br />

shortages that is consistent with the provisions <strong>of</strong> the contract<br />

and with any Water Shortage Response Plan provisions<br />

established by the owner <strong>of</strong> the impoundment.<br />

History Note: Authority S.L. 2002-167;<br />

Eff. Pending Legislative Review.<br />

15A <strong>NC</strong>AC 10D .0103 HUNTING ON GAME LANDS<br />

(a) Safety Requirements. No person while hunting on any<br />

designated game land shall be under the influence <strong>of</strong> alcohol or<br />

any narcotic drug, or fail to comply with restrictions enacted by<br />

the National Park Service regarding the use <strong>of</strong> the Blue Ridge<br />

Parkway where it adjoins game lands listed in this Rule.<br />

(b) Traffic Requirements. No person shall park a vehicle on<br />

game lands in such a manner as to block traffic, gates or<br />

otherwise prevent vehicles from using any roadway.<br />

(c) Tree Stands. It is unlawful to erect or to occupy, for the<br />

purpose <strong>of</strong> hunting, any tree stand or platform attached by nails,<br />

screws, bolts or wire to a tree on any game land designated<br />

herein. This prohibition shall not apply to lag-screw steps or<br />

portable stands that are removed after use with no metal left<br />

remaining in or attached to the tree.<br />

(d) Time and Manner <strong>of</strong> Taking. Except where closed to<br />

hunting or limited to specific dates by this Chapter, hunting on<br />

game lands is permitted during the open season for the game or<br />

furbearing species being hunted. On managed waterfowl<br />

impoundments, hunters shall not enter the posted impoundment<br />

areas earlier than 4:00 a.m. on the permitted hunting dates, and<br />

hunting is prohibited after 1:00 p.m. on such hunting dates;<br />

decoys shall not be set out prior to 4:00 a.m. and must be<br />

removed by 3:00 p.m. each day. No person shall operate any<br />

vessel or vehicle powered by an internal combustion engine on a<br />

managed waterfowl impoundment. No person shall attempt to<br />

obscure the sex or age <strong>of</strong> any bird or animal taken by severing<br />

the head or any other part there<strong>of</strong>, or possess any bird or animal<br />

which has been so mutilated. No person shall place, or cause to<br />

be placed on any game land, salt, grain, fruit, or other foods<br />

without prior written authorization <strong>of</strong> the commission or its<br />

agent. A decision to grant or deny authorization shall be made<br />

based on the best management practices for the wildlife species<br />

in question. No person shall take or attempt to take any game<br />

birds or game animals attracted to such foods. No live wild<br />

animals or wild birds shall be removed from any game land.<br />

(e) Definitions:<br />

(1) For purposes <strong>of</strong> this Section "Eastern" season<br />

refers to seasons set for those counties or parts<br />

<strong>of</strong> counties listed in 15A <strong>NC</strong>AC 10B<br />

.0203(b)(1)(A); "Central" season refers to<br />

seasons set for those counties or parts <strong>of</strong><br />

counties listed in 15A <strong>NC</strong>AC 10B<br />

.0203(b)(1)(D); "Northwestern" season refers<br />

to seasons set for those counties or parts <strong>of</strong><br />

counties listed in 15A <strong>NC</strong>AC 10B<br />

.0203(b)(1)(B); "Western" season refers to<br />

seasons set for those counties or parts <strong>of</strong><br />

counties listed in 15A <strong>NC</strong>AC 10B<br />

.0203(b)(1)(C).<br />

(2) For purposes <strong>of</strong> this Section, "Dove Only<br />

Area" refers to a Game Land on which doves<br />

may be taken and dove hunting is limited to<br />

Mondays, Wednesdays, Saturdays and to<br />

Thanksgiving, Christmas and New Year's<br />

Days within the federally-announced season.<br />

(3) For purposes <strong>of</strong> this Section, "Three Days per<br />

Week Area" refers to a Game Land on which<br />

any game may be taken during the open<br />

seasons and hunting is limited to Mondays,<br />

Wednesdays, Saturdays and Thanksgiving,<br />

Christmas and New Year's Days. These "open<br />

days" also apply to either-sex hunting seasons<br />

listed under each game land. Raccoon and<br />

opossum hunting may continue until 7:00 a.m.<br />

on Tuesdays, until 7:00 a.m. on Thursdays,<br />

and until midnight on Saturdays.<br />

(4) For purposes <strong>of</strong> this Section, "Six Days per<br />

Week Area" refers to a Game Land on which<br />

any game may be taken during the open<br />

seasons, except that:<br />

(A) Bears shall not be taken on lands<br />

designated and posted as bear<br />

sanctuaries;<br />

(B) Wild boar shall not be taken with the<br />

use <strong>of</strong> dogs on such bear sanctuaries,<br />

and wild boar may be hunted only<br />

during the bow and arrow seasons,<br />

the muzzle-loading deer season and<br />

the regular gun season on deer on<br />

bear sanctuaries;<br />

(C) On game lands open to deer hunting<br />

located in or west <strong>of</strong> the counties <strong>of</strong><br />

Rockingham, Guilford, Randolph,<br />

Montgomery and Anson, the<br />

following rules apply to the use <strong>of</strong><br />

dogs during the regular season for<br />

(D)<br />

hunting deer with guns:<br />

(i)<br />

(ii)<br />

(iii)<br />

Except for the counties <strong>of</strong><br />

Cherokee, Clay, Graham,<br />

Jackson, Macon, Madison,<br />

Polk, and Swain, game birds<br />

may be hunted with dogs.<br />

In the counties <strong>of</strong> Cherokee,<br />

Clay, Graham, Jackson,<br />

Macon, Madison, Polk, and<br />

Swain, small game in season<br />

may be hunted with dogs on<br />

all game lands except on<br />

bear sanctuaries.<br />

Raccoon and opossum may<br />

be hunted when in season on<br />

Uwharrie Game Lands;<br />

On bear sanctuaries in and west <strong>of</strong><br />

Madison, Buncombe, Henderson and<br />

Polk counties dogs shall not be<br />

trained or allowed to run unleashed<br />

<strong>21</strong>:<strong>09</strong> NORTH CAROLINA REGISTER NOVEMBER 1, 2006<br />

815

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