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Roadside hunting on Commissioners' agenda
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September 08, 2012 A public hearing has been scheduled for the September 10 on the issue of road-side hunting in Beaufort County. Currently there are no prohibitions against hunting on or across a public roadway in the County. County Commissioners have been petitioned by residents in several communities to regulate hunting from public road right of ways. Complaints range from hunters threatening property owners and motorists to residents fearing shooting accidents from hunters along and across right of ways.
Generally, roadside hunting is done with dogs. Hunters will position themselves along the road and release the dogs some distance from the road being hunted. Then as the dogs jump the deer as they go through the woods and fields the deer emerge onto the road and the hunters then shoot them. As the hunters listen to the dogs barking as they chase the deer the trick is to try to determine where the deer will come out of the woods and onto the road. Thus, the hunters often move from one location to another. Obviously, the hunters do not control where the deer will go nor where the dogs will go. Most deer hunting of this nature is done with high-power rifles (as opposed to shotguns). The rifles have an effective range of several hundred yards.
An alternative to road-side hunting is that the hunters position themselves on "stands," often in the woods along a path or in the edge of fields on private property. Some stands are actual structure, usually built several feet above the ground while other stands are simply trees a hunter will climb. Still other are simply designated points to keep a proper separation between hunters. The strategy is the same. The dogs drive the deer past the stands and the hunters shoot them. Thus the difference is whether the stands are on private property or on public right-of-ways.
A third style of deer hunting is known as "still hunting." That is something of a misnomer because in still hunting the hunter moves slowly through the woods stalking the deer. Sometimes a still hunter will position himself/herself at a specific location and wait for the deer to approach. Dogs are not typically used for still hunting. But still hunting usually takes place well away from the roads. No proposal has been made to regulate still hunting, except shooting from or across the road right-of-ways.
Traditionally there has been a disconnect between still hunters and "dog hunters." Some hunters hunt both ways but traditionally purists who are still-hunters look with disdain on dog-hunters, especially what one told us in an interview, are the "pickup cowboys." He said: "Sitting beside the road waiting for dogs to drive a deer across a road is like fishing in a barrel. It is not a sport. It is slaughter." Another remarked, "these claim the sport is in listening to the dogs run. Then they put (electronic) tracking collars on the dogs. Go figure." Another still hunter, who happens to be an attorney, said: "I'll tell you how you could solve the problem (of road-side hunting) and that would be to make them get written permission from the property owner whose property adjoins the road they are using. And the permission should be based on the property owner accepting strict liability for any harm or damage done. At least these cowboys ought to have to carry insurance. They put people and property at risk but they want to avoid the liability that comes with what they are doing."
Most hunters are polite, courteous and respect private property. But not all. Some have been known to routinely go even into subdivisions using the public right-of-ways and the homeowners in those subdivisions have no legal means to keep them from shooting even where houses are concentrated. Other property owners, particularly livestock owners, fear hunting near their pastures. The problem comes from those few who drink alcoholic beverages, confront residents, and use bad language and endanger property and lives of people and livestock. These leave enough of a bad taste to cause trouble for all hunters.
In order for hunting on the public right of ways to be controlled, the legislature must enact the local ordinance into state law in order for regulations to be enforced by Wildlife officers who are state employees. Then the law can be enforced by any duly sworn peace officer.
In order to get a local bill passed in the Legislature, it is traditional that the local legislative delegation be in support of the bill. Most local Representatives and Senators introduce such legislation at the request of local leadership, such as the County Commission or City/Town Councils. So the real decision comes down to that of the Board of County Commissioners in this issue of roadside hunting.
The Commissioners are considering banning roadside hunting on all public roads in Beaufort County. There is no state law regulating hunting on public right of ways. The Legislature allows each county to regulate the hunting access to on public properties, such as road right-of-ways. There are several pages of laws that apply only to designated counties. Laws are very diverse ranging from no hunting on any property without written permission to banning the trapping of foxes. The only issue under consideration by Beaufort County is the banning of hunting in public right of ways.
After several citizens appeared before the Board of County Commissioners and asked that something be done about hunting on the public right-of-ways the board appointed a committee to study the issue. The committee has met and has come back with two recommendations. One would be to ban hunting or shooting from or across a public right-of-way and the other would do the same thing except in Richland Township.
Commissioner Robert Cayton is requesting that his home township of Richland be exempted from the ban. He only wants to ban hunting on the NC 306 and NC 33 right-of-ways in Richland Township. Whether this special privilege for Richland Township will be approved by Commissioners is not clear at this writing. Some have observed that one is just as dead whether shot on a road in one part of the county as if shot in another part of the county. Others point out that enforcement will be complicated by making exceptions. Many people do not even know where the township boundaries are in Beaufort County. Thus, it is argued that compliance and enforcement will be more effective is the regulation, whatever it may be, is uniform in all parts of the County. It is reported that Mr. Cayton has family members who road-hunt in Richland Township and that is the reason for his proposed exemption of Richland from any restrictions except for the two most heavily traveled roads in that area.
Again, the public hearing will be held on September 10 during the regular County Commissioners' meeting. If you wish to make you feelings and ideas know, you should attend that public hearing. The Commissioners will also accept written comments if you would rather communicate that way. Send them to the County Manager.
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