SB 66 — Regulate Use of Deer Secretions for Hunting.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 21 SENATE BILL 66 Agriculture, Energy, and Environment Committee Substitute Adopted 2/17/21 Short Title:

Senators Perry, Britt, and Johnson (Primary Sponsors).

Rules and Operations of the Senate February 9, 2021 A BILL TO BE ENTITLED ANACTAN ACT TO DISAPPROVEREGULATE ARULE RELATED TOCERVIDEXCRETIONS ADOPTED BY THE WILDLIFEUSE RESOURCESOF COMMISSIONDEER URINE AND TOOTHER DIRECTSECRETIONS FOR THE WILDLIFETAKING RESOURCESOF COMMISSIONGAME. TO REVISE THE RULE.

SECTIONSECTION1. 1.

PursuantArticle22ofChapter113oftheGeneral Statutesis amended byadding a new section to G.S.read:

150B-21.3(b1),"§ the113-291.14. amendment to the following rule, as adopted by the North Carolina Wildlife Resources Commission on February 25, 2020, and approved by the Rules Review Commission on April 16, 2020, is disapproved:

15ARegulation NCAC 10B .0201 (Prohibited Taking and Manner of Take)deer SECTIONsecretions. 2.(a) Definitions.

–It Forisunlawfultouseanyexcretioncollectedfrom purposesacervid,including offeces,urine,blood, thisgland sectionoil, andor itsother implementation,bodily "Cervidfluid, Excretionfor Rule"the meanspurposes 15Aof NCACtaking 10Bor .0201attempting (Prohibitedto Takingtake, andattracting, Manneror scouting wildlife unless the excretion meets all of Take).the following requirements:

SECTION(1) 2.(b)The Cervidexcretion Excretionhas Rule.been determined to be free of chronic wasting disease (CWD) prions based on testing by an independent laboratory for the presence of CWD prions using the Real Time Quaking Induced Conversion assay (RT-QuIC) or another commercially available testing method that the Commission determines is effective for the detection of CWD prions.

–(2) UntilThe theexcretion effective date of the revised permanent rule that the Wildlife Resources Commission is requiredentirely tocollected adoptfrom pursuantfacilities toparticipating subsectionin (d)a ofdeer thisprotection section,program thethat Commissionincludes shallall implement the Cervidfollowing Excretionprotocols: Rule, as provided in subsection (c) of this section.

SECTION 2.(c) Implementation.

– No person shall possess or use any substance or material that contains or is labeled as containing any excretion collected from a cervid, including feces, urine, blood, gland oil, or other bodily fluid for the purposes of taking or attempting to take, attracting, or scouting wildlife.

This prohibition shall not applyto the following substances:

(1) Products containing synthetic analogs of cervid excretions and labeled as such.

(2) Products consisting of or containing natural substances collected by a hunter from a legally harvested cervid in North Carolina.

(3) Natural substances collected from facilities within North Carolina that have a valid Farmed Cervid License from the North Carolina Department of Agriculture and Consumer Services and are labeled as such.

(4) Natural deer urine products containing excretions from facilities within North Carolina that have a valid Farmed Cervid License from the North Carolina Department of Agriculture and Consumer Services and are labeled as such.

(5) Natural deer urine products containing excretions from facilities that meet all the following requirements and are labeled as such:

DeterminedComplies towith bea freefederal ofor a federally approved chronic wasting disease (CWD)herd basedcertification onprogram testingand byany anfederal independentchronic laboratorywasting usingdisease aprotocols methodand thatrecord mayrequirements. help detect the presence of CWD prions.

CompliesDoes withnot aallow federallyimportation approvedof CWDlive herdcervids, certificationexcept programin andcases anyof federalcatastrophic CWDloss protocols.or herd replenishment.

*S66-v-2* General Assembly Of North Carolina Session 2021 c.

ParticipatesRequires inthat additionalall herdcervids managementexported requirementsfrom asthe specifiedfacility bybe tested for chronic wasting disease upon death, with the Wildliferesults Resourcesreported Commission.to the facility.

SECTIONd. 2.(d) Additional Rulemaking Authority.

–Is Theinspected Commissionannually shallby adoptan aaccredited ruleveterinarian, toincluding amendinspection of the Cervidherd Excretionand Rulerelevant consistentrecords. with subsection (c) of this section.

Notwithstandinge. G.S.

150B-19(4),Maintains a fence at least 8 feet high around the rulefacility adoptedand, byif the Commissionfacility pursuantis tolocated thiswithin section30 shallmiles beof substantivelya identicalconfirmed positive occurrence of chronic wasting disease, is double-fenced to theprevent provisionsdirect ofcontact subsectionbetween (c)captive ofand thiswild section.cervids.

Rules(3) adoptedThe pursuantpackaging tofor thisthe sectionexcretion areincludes notlanguage subjectindicating tothat Part(i) 3the ofproduct Articlehas 2Abeen tested with RT-QuIC or another test method meeting the requirements of Chaptersubdivision 150B(1) of this section and (ii) the excretion is sourced from a facility complying with a deer protection program." *S66-v-1* General Statutes.Assembly Of North Carolina Session 2021 SECTION 2.

RulesThis adoptedact pursuantbecomes toeffective thisOctober section1, shall2021, becomeand effectiveapplies asto providedacts inthat G.S.occur on or after that date.

150B-21.3(b1),Page as2 thoughSenate 10Bill or66-First moreEdition written objections had been received, as provided in G.S.

150B-21.3(b2).

SECTION 2.(e) Applicability and Sunset.

– This section and rules adopted pursuant to this section apply to any cervid excretions used for hunting on or after July 1, 2021.

This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

SECTION 3.

This act is effective when it becomes law.

Page 2 Senate Bill 66-Second Edition