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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: September 20, 2011 <br />Action Agenda <br />Item No. 8Q <br />SUBJECT: Hunting Deer with Dogs: Update and Action Plan <br />DEPARTMENT: Animal Services <br />PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />Information Brochure <br />Flyer/Print Media Ad <br />INFORMATION CONTACT: <br />Bob Marotto, (919) 967-2289 <br />Annette Moore, (919) 245-2317 <br />PURPOSE: To provide the Board an update on Hunting Deer with Dogs legislation and to <br />provide recommendations and actions steps to the Board that can be taken during the <br />upcoming hunting season. <br />BACKGROUND: The North Carolina General Assembly has granted the Wildlife Resources <br />Commission (WRC) exclusive authority to regulate the hunting of wildlife with dogs with respect <br />to seasons, times, and places in the part of Orange County lying south of Interstate Highway <br />85. The General Assembly has also provided that the WRC may not restrict or prohibit the use <br />of dogs in hunting in season or out for other areas of the state, except from April 15 -June 14 <br />except as provided above.' <br />North Carolina law does not provide authority to the Board of County Commissioners (BOCC) to <br />enact an ordinance regulating the hunting of deer with dogs in Orange County. Absent such <br />legislative authority, the BOCC does not have the power to create an ordinance regulating or <br />prohibiting hunting deer with dogs in the County. <br />On February 1, 2011, the BOCC forwarded a request to the Orange County legislative <br />delegation to introduce and support ratification of a local act to ban hunting deer with dogs in <br />the northern portion of the County. The Board did so after consideration of the County's <br />interest in public safety, private property rights, and population changes in the northern portion <br />of the County. Senator Ellie Kinnaird filed a local bill on February 3, 2011, and it was referred <br />to the State and Local Government Committee on February 8, 2011. <br />However, the local bill to ban hunting deer with dogs throughout Orange County did not go any <br />further in the last legislative session. As a result, Animal Services, the County Attorney's Office <br />' N.C. Gen Stat. 113-291.5 Regulation of dogs used in hunting; limitation on authority of Wildlife <br />Resource Commission; control of dogs on game lands; control of dogs chasing deer; other restrictions <br />