Proposed Craven County Duck hunting Law

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Proposed Craven County Duck hunting Law

Postby Dingbatter 2 » Tue May 06, 2014 12:24 pm

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Re: Proposed Craven County Duck hunting Law

Postby HydeMarsh » Thu May 08, 2014 7:41 pm

Thanks DB2, I just saw this, does anyone know how the hearing turned out?
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Re: Proposed Craven County Duck hunting Law

Postby trigger22 » Fri May 09, 2014 1:38 pm

Awesome! I'm gonna build a blind every 500 yards on the creek that borders my deer lease. Should be able to lock up a good 2 miles of water front ;)
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Re: Proposed Craven County Duck hunting Law

Postby puppypopper » Fri May 09, 2014 1:58 pm

Did anyone read this ?

In one paragraph it says 500 years from a permanent blind and anther is says 500 yards.

So which is it ? Years or yards ?
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Re: Proposed Craven County Duck hunting Law

Postby HydeMarsh » Fri May 09, 2014 2:14 pm

Fellow duck hunters, I just sent this letter to the Craven County Commissioners:
Mr. Thomas F. Mark
Chairman, Craven County Board of Commissioners
5504 Blackbeard Lane
New Bern, NC 28560-6410
Dear Mr. Mark:
I am not a citizen of your county, I am a concerned citizen of this state. It is my understanding that the Craven County Board of Commissioners is discussing the possibility of petitioning the North Carolina General Assembly for a “local law” that limits the rights of citizens in your county and citizens of the State of North Carolina to rights guaranteed them under the North Carolina Public Trust Doctrine (NCPTD).
The following excerpt from the May 4th Sun Journal initiated my concern:
“Concerns presented by one property owner this spring prompted the board to draft proposed legislation on safe distances for hunting migratory wild waterfowl with the idea of asking that it be introduced as local legislation in this year’s General Assembly session.
The proposed local law, on which commissioners have not yet acted, would make it unlawful to take migratory wild waterfowl within 500 years of another person’s permanently established hunting location except in certain circumstances.
Those exceptions include hunting on a person’s own land or where a person has the landholder’s permission to hunt, within the riparian water area of those locations, or if a hunter who has legally shot a migratory bird comes within 500 yards “while in active pursuit of a visible, crippled bird.”
If commissioners decide to pursue local legislation for the regulation after hearing public comment, they can adopt a resolution for the local legislative delegation asking that a local bill be introduced.” (1)
(1) By Sue Book, Sun Journal Staff
Published: Sunday, May 4, 2014 at 18:15 PM.
The North Carolina Public Trust Doctrine helps protect every citizen’s rights to North Carolina’s wonderful outdoors. If you are not aware of the NCPTD if is described in North Carolina General Statute 1-45.1. The statute is as follows:
§ 1-45.1. No adverse possession of property subject to public trust rights:
Title to real property held by the State and subject to public trust rights may not be
acquired by adverse possession. As used in this section, "public trust rights" means those
rights held in trust by the State for the use and benefit of the people of the State in
common. They are established by common law as interpreted by the courts of this State.
They include, but are not limited to, the right to navigate, swim, hunt, fish, and enjoy all
recreational activities in the watercourses of the State and the right to freely use and enjoy the State's ocean and estuarine beaches and public access to the beaches.
It has consistently been the law of this jurisdiction that lands and waters held by the
sovereign in trust for the public cannot be conveyed by the State so as to deprive the
public of its rights therein, except for legislatively authorized public purposes furthering
the trust.
In my opinion Craven county would be overstepping their lawful authority and grant special privileges to a very limited number of individuals and this action does do not meet the criteria of “except for legislatively authorized public purposes furthering the trust.”

In my mind the simplest way to view the impact of this is:
If a person owned 1 acre of land in Craven County on a sound, bay, river or stream covered by NCPTD then Craven County Board of Commissioners would take the right to use pubic water away from its citizens and grant that property owner exclusive use of up to approximately 40 acres of public water. I do not understand how this is a “public purposes furthering
the trust.”
I reviewed the minutes of the Commission’s meeting and discovered that on April 7,2014 the Board was petitioned as noted in the minutes “ Brent Brewer, Taberna & Adams Creek, addressed the Board regarding duck hunting. He stated there are no laws in Craven County that govern duck hunting, and is seeking legislative help to prevent encroachers at privately owned duck blinds.”

Based on what are stated in the minutes the petition on its face is a falsehood. Please see the NC General Statute that address this issue:
§ 14-159.6. Trespass for purposes of hunting, etc., without written consent a misdemeanor; defense.
(a) Any person who willfully goes on the land, waters, ponds, or a legally established waterfowl blind of another that has been posted in accordance with the provisions of G.S. 14-159.7, to hunt, fish or trap without written permission of the landowner, lessee, or his agent shall be guilty of a Class 2 misdemeanor. Written permission shall be carried on one's person, signed by the landowner, lessee, or agent, and dated within the last 12 months. The written permission shall be displayed upon request of any law enforcement officer of the Wildlife Resources Commission, sheriff or deputy sheriff, or other law enforcement officer with general subject matter jurisdiction. A person shall have written permission for purposes of this section if a landowner, lessee, or agent has granted permission to a club to hunt, fish, or trap on the land and the person is carrying both a current membership card demonstrating the person's membership in the club and a copy of written permission granted to the club that complies with the requirements of this section.
(b) Any person who willfully goes on the land of another that has been posted in accordance with the provisions of G.S. 14-159.7(1), to rake or remove pine needles or pine straw without the written consent of the owner or his agent shall be guilty of a Class 1 misdemeanor.
(c) It is an affirmative defense to a prosecution under subsection (a) or (b) of this section that the person had in fact obtained prior permission of the owner, lessee, or agent as required by those subsections but did not have on his or her person valid written permission at the time of citation or arrest. (1949, c. 887, s. 1; 1953, c. 1226; 1965, c. 1134; 1975, c. 280, s. 1; 1979, c. 830, s. 11; 1991, c. 435, s. 4; 1993, c. 539, s. 99; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(z); 2011-231, s.
In my opinion, Mr. Brewer is not requesting relief from encroachment at a privately owned duck blind he is asking the Craven County Commission to be a party in the theft of of North Carolina citizens’ right to the activities guaranteed them under the North Carolina Public Trust Doctrine. It is a request to take from the many and give to a privileged few.
The same party might argue the same “‘local law” that he is seeking has been granted in other counties under the guise of safety. There is a ground swell of opposition to those local laws and I foresee a court challenge that I believe will overturn them. I think Craven County would be wise not to seek legislation that will soon entangle them is costly legislation.
I think that it is not unreasonable to have rules that instead of giving greedy people exclusive rights to public water ensures a quality outdoor experience. I would recommend a rule, or a ‘local law’, in which no one should hunt within 200 yards of an fixed or floating blind that is occupied more than 30 minutes before legal shooting light and is marked as occupied with a “green” light visible at 200 yards. I also believe a stiff penalty should be imposed on those that post the green light and do not occupy the blind. In my opinion it should be more stringent that the trespassing law.

Sincerely yours,
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Re: Proposed Craven County Duck hunting Law

Postby Dingbatter 2 » Sun May 11, 2014 1:02 pm

"a) Any person who willfully goes on the land, waters, ponds, or a legally established waterfowl blind of another that has been posted in accordance with the provisions of G.S. 14-159.7, to hunt, fish or trap without written permission of the landowner, lessee, or his agent shall be guilty of a Class 2 misdemeanor. "

Does this mean if I post my blind I can keep you out? :lol3:
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Re: Proposed Craven County Duck hunting Law

Postby HydeMarsh » Sun May 11, 2014 7:20 pm

for it to be legal it has to be on private land with the exception of three counties (there may be more but I am not aware of them) Dare, Currituck, and Wilson. In those counties as we all know you have to apply for a blind permit. Only one county, Wilson, restricts the draw to Wilson County residents.
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Re: Proposed Craven County Duck hunting Law

Postby NCfowl » Sun May 11, 2014 9:58 pm

HydeMarsh wrote:Only one county, Wilson, restricts the draw to Wilson County residents.

Thank the man up top for that. Woo buddy :biggrin:
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Re: Proposed Craven County Duck hunting Law

Postby Dingbatter 2 » Mon May 12, 2014 4:53 am

Down the road I would not be surprised if we see more counties go to blind permits and charge an annual tax for them. They love taxes. :lol:
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Re: Proposed Craven County Duck hunting Law

Postby HydeMarsh » Wed May 14, 2014 7:29 pm

Here is a report from a dedicated public water hunter. Very good news!!!!

Re: Craven County On Track for Safe Hunter Law
Postby Steelshot Scott » Mon May 12, 2014 1:07 pm

As soon as I became aware of this proposal, I got on the phone and started making calls. I am told by two sources that the Craven Co. Commissioners will not be sending forth legislation to the General Assembly. It appears that they were made aware of the decietful nature of the law as well as the reputation of the man who put forth the request for Craven Co. to have a SHL. They were made aware that this law was a problem, not a solution. And they did the right thing. We should all take time to thank them for their due diligence and checking it out and acting in the interests of the majority of citizens. HATS OFF TO THE CRAVEN COUNTY COMMISSIONERS!! :cheerleader: :cheerleader: :cheerleader: :cheerleader:

It is dead and will not move out of the county commissioners. But we must remain vigilant to prevent the cancer that is the SHL from spreading. We have now stopped it from spreading to Beaufort Co, Hyde Co. and Craven Co. But if we drop our guard, they will sneak one in on us.
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Re: Proposed Craven County Duck hunting Law

Postby KAhunter » Thu May 15, 2014 5:33 am

That is good to hear. On the other side of the coin, lets try to regulate ourselves and govern oursleves a little better. Maybe instead of throwing a fit or being a jerk because someone is set up to close, go over and tell them they are too close or shybusting or shooting cormorants and they need to respect other hunters and try to explain they are ruining the hunt for everyone and making all hunters look bad (not in those word but yall get the idea). I know its a tough road but if we all could just give each other a little space a nd not act like jackwads this would not even be an issue. Everyone blames the "rich landowners" but other duck hunters can be pretty bad and can give land owners good cause to be upset. And if you are the people setting up to close and skybusting and poaching etc stop because its f###ing annoying and makes us all look bad.
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Re: Proposed Craven County Duck hunting Law

Postby Dingbatter 2 » Thu May 15, 2014 5:52 am

And stay out of blinds that don't belong to you. Get off your lazy duff and build your own! :lol3:
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Re: Proposed Craven County Duck hunting Law

Postby HydeMarsh » Thu May 15, 2014 10:12 am

Well said KA and DB2!!
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