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COLEMAN, BERNHOLZ, <br />BERNHOLZ, GLEDHILL & HARGRAVE <br />ATTORNEYS AT LAW <br />129 E. TRYON STREET <br />P.O. DRAWER 1529 <br />HILLSBOROUGH, NC 27278 <br />919- 732 -2196 <br />919- 942 -8000 <br />FAX 919 -732 -7997 <br />CHAPEL HILL OFFICE <br />SUITE 300, THE CENTER <br />1506 E. FRANKLIN STREET <br />CHAPEL. HILL, NC 27514 <br />919- 929 -7151 <br />FAX 919- 929 -3892 <br />ALONZO B. COLEMAN, JR, <br />STEVEN A. BERNHOLZ <br />ROGER B. BERNHOLZ <br />GEOFFREY E. GLEDHILL <br />DOUGLAS HARGRAVE <br />G. NICHOLAS HERMAN <br />KIM K. STEFFAN <br />JOE L. WEBSTER <br />TERRY G. HARN <br />JANET B. DUTTON <br />JOHN D. LOFTIN <br />Of Counsel <br />BONNER D. SAWYER <br />(1902.1972) <br />February 25, 1991 <br />Moses Carey, Jr., Chairman <br />Alice Gordon <br />Stephen Halkiotis <br />Verla Insko <br />Don Willhoit <br />Orange County Board of Commissioners <br />Post Office Box 8181 <br />Hillsborough, North Carolina 27278 <br />Re: Spotlighting in Deer Areas and Hunting or <br />Fishing on Private Property <br />Dear Board Members: <br />I have reviewed the law relating to the referenced <br />areas and have concluded as follows: <br />1. Spotlighting in deer areas. <br />The enclosed section of the North Carolina <br />Administrative Code related to shining lights in deer <br />areas includes Orange County within those counties <br />where this practice is prohibited between the hours of <br />11:00 p.m. and one -half hour before sunrise. North <br />Carolina General Statutes §113- -291.1 is the enabling <br />statute for that regulation. Enclosed is a copy of <br />G.S. 5113- 291.1. Note that Subsection (e2) authorizes <br />the Wildlife Resources Commission to exclude Orange <br />County from those counties using the 11:00 p.m. to one- <br />half hour before sunrise rule and include it among <br />those counties using the one -half hour after sunset to <br />one -half hour before sunrise rule. No Wildlife . <br />Resources Commission public hearing is required. The <br />Commission acts on a resolution requesting the change <br />from the Board of County Commissioners. I have <br />enclosed a resolution for consideration by the Board to <br />accomplish this change. Also enclosed is a February 7, <br />1991 memorandum from Kathy Baker to Beverly Blythe <br />which generally describes the process that the <br />Commission will follow upon receipt of the County's <br />resolution. <br />2. Hunting or fishing on private property. <br />Sheriff Pendergrass, in his January 3, 1991 letter <br />to the Board members, expressed concerns about <br />complaints from citizens of hunting and fishing <br />trespassers this past year. He requested that the <br />County adopt an ordinance comparable to an Alamance <br />County ordinance which he enclosed with his January 3, <br />