Commission Rules

NOTE:  Any one wishing to acquire baby ducks to raise during the 2018 year from the Currituck County Game Commission please contact Curtis Austin at the following email

tobyleviaustin@gmail.com

SECTION I: GENERAL RULES RELATING TO BLINDS

1. A blind license is a privilege. The holder of a blind license acquires no vested property right of any kind. All rights incident to a licensed blind are governed by the Currituck County Game Commission (CCGC).

2. Material used to construct a blind is the property of the current licensee of the blind location until the license is terminated. Except as provided herein, material remaining at a blind location after termination of the license will be considered to be abandoned and will become the property of the next licensed holder of the blind location. If a license is terminated for any reason other than death of the holder, the last license holder will remove all materials to which the licensee claims ownership within 30 days following the date of the annual award meeting when the location is licensed to another person. If the license is terminated by reason of the death of the holder, the removal of material must occur before the next annual award meeting or the family will forfeit all claim to such material.

3. A licensed blind location is not inheritable and cannot be transferred at the death of a license holder. If a person holding a blind license issued by CCGC dies, the license will terminate at the end of the current waterfowl hunting season and the location will be available for application to the general public during the next annual blind application process. For the purpose of this paragraph and the annual award process, if a person who has submitted a written application in proper form for a blind location dies between July 1 and the annual award meeting, the application will be considered as if the death occurred after the completion of the annual award and appeal process. If a person dies after being awarded a blind in the annual award process, the family of the deceased person will have the right to continue to use the location for the remainder of the current waterfowl hunting season, but no longer.

4. Each licensee is responsible for maintaining a licensed bush blind location in good condition and to PHYSICALLY remove FROM THE WATER, old debris and material not used in rebuilding a location. If a blind is rebuilt adjacent to a location from a prior year, the old material must be removed to avoid hazards to navigation. The CCGC may provide a licensee with notice of conditions requiring removal of old blind material. Failure to comply with such a notice may be considered by the CCGC as grounds for termination or suspension of a blind license.

5. No stationary bush or point blind will be moved from a previously licensed location without first obtaining the approval of the CCGC. Application for relocation must be made at the time the annual renewal application is made and in all events, prior to August 1 of each year. The application must be made in writing and must include the following: a) the blind number, name of the license holder and the general location; b) a map, sketch or drawing showing the old location, proposed new location, and locations of all blinds and the licensees within 1000 yards of both old and new locations (including GPS data on all points shown if available); c) reasons for the proposed relocation. The CCGC can authorize relocation of a blind upon such terms and conditions as may be established in its sole discretion. Factors which will be considered in the grant or denial of a request include physical changes in the vicinity of the blind, hazards to navigation, hazards to the public, use or non-use of adjacent blinds and the opinions of persons familiar with the area and such other factors as the CCGC may elect to use in its sole discretion. In the event that relocation is approved, the CCGC will establish a date by which time all materials at the old location must be removed. In the event that a blind is moved without prior approval or in a manner which does not comply with the terms established for such relocation, the CCGC may suspend or revoke the blind privileges to the licensee without prior notice.

6. A blind which is rebuild adjacent to an old location which has been destroyed or washed away will not require advance approval of the CCGC, so long as the same location is used.

7. The minimum requirements of a stationary bush blind are, a boat hide 12’x3′ and/or a box 3’x4′ and big enough to conceal at least one person, 4 poles separated by 12′ length 3′ wide. Minimum of 2 bushes each side and/or camouflage. The blind license must be displayed.

8. Upon completion of the building of your blind, it is mandatory that you call the office of the Currituck Co. Game Commission’s attorney as provided with the license to arrange for inspection. Blinds will be inspected randomly at the discretion of the CCGC. If you fail to call the Currituck County Game Commission attorney, it will be presumed that the blind has not been built up to the minimum requirements. This presumption my be rebutted by evidence that the blind has been built up to the minimum standards. All stationary bush blinds must be built before Janurary 1st. of each year.

9. The CCGC may suspend a blind license for failure to build a bush blind up to the specifications of this section. If a blind license is suspended under this Section, the blind license holder may request a hearing before the CCGC to present evidence that the blind has been built up to the specifications of this Section. If the CCGC finds by the greater weight of the evidence that the blind has been built up to the specifications of this Section, then the license suspension will be lifted. If the CCGC finds by the greater weight of the evidence that the blind has not been built up to the specifications of this Section, then the license suspension will remain in effect and the blind will be made available as defined in Section II (4).

SECTION II: RULES AND PROCEDURE FOR AWARDING BLIND LICENSES

1. All applications for blind licenses shall be made in writing and filed with the Clerk to the CCGC between July 15 and August 1 of each year. Applications must be submitted on the form provided by the CCGC. If an application is submitted which does not comply with all of the requirements of the CCGC the application will be rejected.

2. All applications that have been filed during the period set forth in the preceding paragraph will receive consideration by the CCGC at a meeting to be held at 1:00 p.m. at the Currituck County Courthouse on the Thursday following the second Wednesday in August, at which time all applications for licenses submitted shall be passed upon and granted or refused. Any applicant whose application for a license is denied shall be notified immediately by mail of the rejection of the application. Whether this notice is mailed or received, however, it is the responsibility of each applicant to determine whether his application for a blind license has been approved or rejected and, if desired, to make a timely demand for a hearing under the applicable rules.

3. During the annual blind award process, applications and other issues will be considered in the order set forth below, provided however, that the Clerk or the CCGC may establish a different order to insure a fair, efficient and impartial process. The blind award process is intended to give a preference to applicants who do not have a blind. The second preference level is for those who have only one blind. There is no preference for licensed guides. If an applicant is awarded a blind during the annual drawing process, the applicant will be treated as a licensed blind holder for the purpose of all subsequent drawings during the award process. In a like manner, if the holder of a blind license does not apply to renew a blind application, the blind previously held will not be counted as being issued to that person. In the absence of changes made by the CCGC prior to a meeting, the following agenda will be used for the annual award meeting:

a. Review of requests to withdraw an application from consideration in the drawing or award process. In order for an application to be withdrawn, the person who submitted the application must make the request in person at the annual award meeting. In the event that a blind application is withdrawn, there will be no refund of any fees paid in connection with the application.

b. Review of applications which were received late or which are otherwise deficient.

c. Renewal applications for bush, point and float blinds submitted by the person (or hunt club) that held the license the prior year.

d. New applications for bush and float blinds where the prior license holder also applied.

e. Applications for bush and float blinds where only one application has been received and the prior holder did not renew.

f. Applications for new bush and float blind locations (locations which were not licensed to anyone in the prior year).

g.. Applications for available bush and float blinds where more than one person has applied. (The order in which blind drawings will be considered within this category will be determined by the Clerk. In setting the order, the Clerk will consider the stated priority of the CCGC for awarding blinds and will attempt to consider the blinds with the most applications later in the drawing).

h. Applications for inactive point blinds which were licensed in prior years.

i. Applications for new point blind locations.

j. Other applications and business.

4. A blind is defined as available to the general public for the purpose of the annual award process if:

a. The prior holder of the bush or float license did not renew for the previous annual award meeting.

b. The prior holder applied in the previous meeting to renew the blind license but the application was rejected or denied due to a deficiency or for failure to comply with the rules of the CCGC.

c. The prior holder of the bush or float license did not submit an application for the current award meeting.

5. During the thirty-day period preceding the annual meeting for the purpose of awarding and renewing blind licenses, the Clerk to the CCGC will maintain a list of blinds which are available for application as defined in paragraphs 3 A or 3 B above. Copies of the list will be provided to interested persons upon request. The list of available blinds will not identify blinds which were licensed to people who have died since the previous drawing, even if members of the CCGC or the Clerk have personal knowledge of the death. The list will be prepared by the Clerk based on information available to the Clerk on or prior to July 1 of the current application year and will not be updated with information concerning other possible locations which may be available or may become available for any reason subsequent to July 1.

6. New applications must be accompanied by proof that the applicant holds a valid and current North Carolina hunting license. A photocopy of the license will satisfy this requirement. (Renewal applications and point blind applications do not require this proof.)

7. The applications must be delivered to the Clerk of the Currituck County Game Commission by August 1 or, if mailed, must be postmarked by August 1 in order to be considered in the award process. The following applications will be rejected and not be considered in the annual blind award process: a) Applications which are delivered to the Clerk later than August 1, other than those which have been transmitted by the US Postal Service; b) Applications which have been delivered to the Clerk by the US Postal Service bearing a postmark subsequent to August 1 [provided however, in the event that the first day of August falls on a Sunday or holiday when the US Postal Service is not open for business, the latest acceptable postmark will be the date of the next business day after the first day of August when the US Postal Service is open for business]; c) Applications received by the Clerk after the date of the annual award meeting, without regard to the method of delivery or the date of the postmark. The applicant bears the responsibility for making a timely application and delays on the part of the US Postal Service or any other agency will not constitute grounds for variation from this rule. Delivery of an application to a member of the CCGC will not constitute delivery to the clerk and will not comply with the requirements of these rules.

8. All applications must be accompanied by payment of the appropriate fees. All fees are non-refundable, including those which are paid for an application which is deficient, rejected, withdrawn before the award meeting or which is otherwise not successful.

9. If the holder of a blind license submits a renewal application for the blind in the proper form, the application will be renewed automatically without regard to whether any other applications have been submitted for the same location.

10. No person will be granted a license for more than one (1) float blind. No person will be granted a license for more than a total of two (2)blinds including float and bush blinds, but excluding point blinds.

11. Multiple applications from the same person for the same blind will not be accepted. Only one application per person per blind will be considered.

12. Applications for bush and float blinds will be accepted in the name of natural persons only. No bush or float will be licensed to a corporation, partnership, club or other entity. No bush or float blind license will be issued in multiple names.

13. Point blinds can be applied for at any time, subject to the meeting schedule of the Currituck County Game Commission. An applicant for a point blind must own the property on which the blind is located or submit proof of permission in writing from the owner. Before a license will be issued for a new point blind, the required distance must be established between the proposed location and any other point blinds, bush blinds, rest areas and designated float blind areas.

14. A sitting member of the CCGC cannot make application for a new blind location during his or her term of office. A sitting member of the CCGC may elect to withdraw his or her renewal application for a blind from consideration before the annual award meeting (in accordance with Section II, Paragraph 3 A of these rules) and a sitting member of the CCGC is not obligated to submit a renewal application for a blind previously licensed to the member. The member will not be required to give notice to any other person of the decision to withdraw an application or the decision not to renew an application. Nothing in this paragraph will prevent a sitting member from renewing an application in the normal blind award process and renewal applications from CCGC members will be treated in all respects like any other application.

15. Any blind holder who was challenged by another person or persons saying the blind holder did not build his blind and the said blind holder lost in the appeal meeting, the said blind holder would not be allowed to be in another draw for that blind during the appeal meeting.

SECTION III: REST AREAS

1. The CCGC has established areas which are designated for waterfowl to rest and congregate without disturbance. These areas are identified as “rest areas”, and will be maintained according to the rules of the CCGC.

2. Hunting from float blinds within a designated rest area is prohibited.

3. It is the responsibility of the hunter to be aware of the location of designated rest areas. The absence of buoys and other markers which identify a rest area will not constitute a defense to a charge of hunting within a rest area. The buoys and other markers surrounding a designated rest area will constitute the boundaries of the rest area for the purpose of enforcement of these rules. In the absence of such markers, the GPS coordinates for the boundaries of the rest area which are maintained by the CCGC will determine the location.

4. The clerk to the CCGC will maintain a list of all rest areas. The list will identify the area by name and describe the location and dimensions of the rest area. The list will be provided upon request.

5. Unless an area is designated as a rest area by the CCGC, its prior designation or use as a rest area is terminated.

SECTION IV: GAME LANDS OF NORTH CAROLINA WILDLIFE RESOURCES COMMISSION

1. The North Carolina Wildlife Resources Commission (WRC) is hereby authorized to make application for hunting locations on property located within the boundaries of any Game Land located in Currituck County. The term “Game Land” or “Game Lands” is defined, for the purpose of these rules and regulations, as public or private lands which are managed by the WRC and designated as Game Lands by that agency.

2. The rules and regulations of the CCGC will be applicable to all Game Lands located in Currituck County, subject to the exceptions set forth in this section. Any waterfowl hunting activity which takes place in Game Lands and which is permitted under the rules set forth in this section will be considered as hunting which is authorized by the CCGC.

3. Except as modified by this section, all of the rules and regulations of the CCGC applicable to bush or point blind locations which are located with the boundaries of an area designated as Game Lands will remain applicable to such a location. Blind locations licensed by the CCGC and located within Game Lands will also be subject to any additional rules imposed by the WRC for hunting within boundaries of the Game Land.

4. The WRC may designate specific Hunting Locations within Game Lands. Examples of Hunting Locations include, but are not limited to, locations for blinds erected by or through the authority of the WRC, locations for hunting from temporary blinds, and locations for hunting from boats. If Hunting Locations as defined herein are published in the annual Regulations Digest by the WRC and shown to be available for Special Hunts or Special Permit Waterfowl Hunts, hunting in such locations will only be permitted in accordance with the rules for the special hunt established by the WRC.

5. With the exception of the areas designated in the preceding paragraph, waterfowl hunting from locations with Game lands which are not individually licensed by the CCGC is permitted under the following rules:

a. The location must be no closer than 500 yards from any blind location licensed by the CCGC.

b. The location must be 500 yards from the location of a licensed float blind which has been set up prior to the arrival of the Game Lands hunter.

c. The location must be 500 yards from the location of any other Game Lands hunter whose location was set up first.

d. In the event of a violation of paragraphs “b” and “c” of this section, a WRC Enforcement Officer will have the discretion to issue a citation for violation of these rules to either or both hunters or to direct the relocation of the hunting location for either or both hunters.

e. If the hunting location is adjacent to the shore or marsh, the hunter is authorized to hunt from the shore or marsh within a distance of 5 yards. During such hunts, the erection of temporary blind structures is permitted, provided that all material used to construct a blind or used to conceal the hunter must be removed at the conclusion of the hunt.

f. Float blinds operating with a float blind license issued by the CCGC are permitted within 5 yards of and adjacent to a shore or marsh located within a Game Lands area.

g. Use of any location in the North River Game Lands (other than a location licensed by the CCGC or WRC) is permitted under these rules on a “first come – first serve” basis. No right or priority for use of a location will be established by reason of a hunters prior use of the location.

6. The annual blind application and award process, the form of the application, the deadline for applications and the schedule of fees charged by the CCGC will not apply to hunting locations located within Game Lands and permitted by this section. All hunting locations permitted under this section will be deemed to renew annually, absent any further action of the CCGC.

SECTION V – UNITED STATES FISH AND WILDLIFE SERVICE PROPERTY

1. The United State Fish and Wildlife Service (USFWS) is hereby authorized to make application for point blind locations on property located within the boundaries of any National Wildlife Refuge (NWR) located in Currituck County.

2. The annual blind application and award process, the form of the application, the deadline for applications and the schedule of fees charged by the CCGC will not apply to hunting locations located within the boundaries of any NWR and permitted by this section. All hunting locations permitted under this section will be deemed to renew annually, absent any further action of the CCGC.

3. Except as stated herein, all of the other laws, rules and regulations applicable to waterfowl hunting in Currituck County will remain in full force and effect.

ADDENDUM A – REST AREAS

1. East side of Dew’s Island

2.Bells Island-start at the shoreline at Ferrell pier (1) 36o25.056N 075o57.734W (2) 36o25.124N 075o57.430W (3) 36o26.009N 075o57.876W (4) 36o25.906N 075o58.146W

3. Northeast of Poplar Branch Landing. Beginning at the shore line of the Currituck Sound at a point that is 200 yes north of the Annie Sanders Blind(blind #823) running north to the Southern boundary of Wallace O’Neal lane and extending 1000 yds from shore into the Sound.

4. North River, west/northwest of Fisher Landing.(From middle of Stumpy Cove on the north and running to Marvin Fisher property line on the south and a distance of 750 yards from shore)

5. Coinjock Bay (1)36o25.202N 075o59.617W (2) 36o25.211N 075o59.251W (3) 36o24.865N 075o58.806W (4) 36o24.747N 075o59.183W then to point of beginning.

6. Mackeys Island, adjacent to the US Fish and Wildlife refuge office building.

7. Sand Island, near Knotts Island Ferry Landing.

8. Monkey Island

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