AN ACT to direct the wildlife resources commission to issue two elk conservation Permits by auction and raffle and to make conforming changes to various wildlife statutes.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Directive to Commission. – The Wildlife Resources Commission shall issue (i) one Elk Conservation Permit and one Youth Elk Conservation Permit by raffle and (ii) one Elk Conservation Permit by auction as provided in this section. These permits shall be issued in 2024 and apply for the 2024 elk season, pursuant to rules adopted by the Commission. An Elk Conservation Permit or Youth Elk Conservation Permit obtained by auction or raffle is nontransferable and may not be resold or reassigned. Only legal residents of the State are eligible for the Youth Elk Conservation Permit.

SECTION 1.(b)  Raffle. – The Commission shall conduct a raffle for one Elk Conservation Permit. The Commission may adopt rules establishing the cost of a raffle ticket and a limit on the number of tickets that may be purchased per individual.

SECTION 1.(c)  Auction. – Notwithstanding Article 3 of Chapter 143 of the General Statutes or any other provision of law pertaining to public contracting, the Commission shall contract with a nonprofit wildlife conservation organization to conduct an auction for one Elk Conservation Permit. The nonprofit wildlife conservation organization selected by the Commission pursuant to this section must have been involved in the reintroduction of elk into North Carolina.

SECTION 1.(d)  Use of Proceeds. – Funds obtained through the raffle and auction shall supplement, rather than replace, other funds budgeted for management of elk and shall be allocated as follows:

(1)        Raffle. – The Commission may retain the actual costs of administering the raffle for an Elk Conservation Permit. The remaining proceeds from the raffle shall be deposited in the Wildlife Resources Fund and used for the conservation and management of elk.

(2)        Auction. – The nonprofit wildlife conservation organization shall retain twenty‑five percent (25%) of the proceeds of the auction for an Elk Conservation Permit. The remaining proceeds from the auction shall be deposited in the Wildlife Resources Fund and used for the conservation and management of elk.

SECTION 1.(e)  Rules. – The Commission shall adopt rules on manner of take, to provide a method to report the successful harvest of an elk, and for tagging requirements.

SECTION 1.(f)  Report. – No later than March 1, 2025, the Commission shall submit to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division a report on the effectiveness of the auction and raffle programs, including the amount of money raised, recommendations as to whether to continue the programs, and if so, legislative recommendations to improve the programs.

SECTION 2.  G.S. 113‑129(7c) reads as rewritten:

(7c)    Game Animals. – Bear, fox, rabbit, squirrel, white‑tailed deer, elk, and, except when trapped in accordance with provisions relating to fur‑bearing animals, bobcat, opossum, and raccoon.

SECTION 3.  G.S. 113‑291.8 reads as rewritten:

§ 113‑291.8.  Requirement to display hunter orange.

(a)        Any person hunting game animals other than foxes, bobcats, raccoons, and opossum, or hunting upland game birds other than wild turkeys, or hunting feral swine, with the use of firearms, must wear a cap or hat on his head made of hunter orange material or an outer garment of hunter orange visible from all sides. Any person hunting deer during a deer firearms season or elk during an open elk season shall wear hunter orange. orange in a manner that is visible from all directions. Hunter orange material is a material that is a daylight fluorescent orange color.

This section does not apply to a landholder, his spouse, or children, who are hunting on land held by the landholder. This subsection shall be enforced by warning ticket only until October 1, 1992, with respect to those hunting rabbit, squirrel, grouse, pheasant, and quail.

(b)        Any person violating this section during the 1987 big game hunting season shall be given a warning of violation only. Thereafter, any Any person violating this section has committed an infraction and shall pay a fine of twenty‑five dollars ($25.00). An infraction is an unlawful act that is not a crime. The procedure for charging and trying an infraction is the same as for a misdemeanor, but conviction of an infraction has no consequence other than payment of a fine. A person convicted of an infraction may not be assessed court costs.

Wildlife Enforcement Officers are authorized to charge persons with the infraction created by this section.

(c)        Failure to wear hunter orange material in violation of this section shall not constitute negligence per se or contributory negligence per se.

SECTION 4.  Effective Date. – Section 3 of this act is effective December 1, 2023. The remainder of this act is effective when it becomes law.