Hunting dogs exempt from NC dangerous dog law

ROBBINSVILLE – Bear hunting dogs involved in a prolonged attack that injured a camper and her two dogs in Graham County don't fall under the state's dangerous dog law, making the owners exempt from criminal prosecution.

Under North Carolina law, dogs "being used in a lawful hunt" are exempt from dangerous dog rules that otherwise require owners to take steps to prevent their animal from harming a person or another animal.

The hunting dog provision is listed under the same section of the state statute that provides an exemption for police dogs that may harm someone.

The issue came to light after U.S. Forest Service officials declined to pursue charges against bear hunters whose dogs injured Kadie Anderson, a 29-year-old visitor from Cleveland, and her two Australian shepherds on Oct. 13.

"It seems outrageous to me that hunting dogs are protected from liability if they are involved in a hunt," said Anderson, who fought off a pack of bear hounds for 45 minutes before a group of hunters arrived to control their dogs. "If it was my dog, it would be quarantined and I would be cited for having an aggressive dog."

Anderson suffered bite wounds to her hands and legs as she fought to protect her dogs, which were seriously injured. The attack happened in the remote Snowbird wilderness in Graham County, part of Nantahala National Forest.

Anderson said Wednesday her hands "are better everyday" and that she is finally regaining the use of one of her injured thumbs.

For non-hunting dogs, the state statute defines a dangerous dog as one that kills or injures a person, or one that "killed or inflicted severe injury upon a domestic animal when not on the owner's real property," or "approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack."

Owners of non-hunting dogs that are dangerous are required to keep the dogs confined and are prohibited from allowing such an animal "to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled," according to the statute.

A Forest Service official said the agency declined to pursue charges because "no federal laws were broken." Graham County Sheriff Mickey Anderson also declined to investigate, saying any action was up to the Forest Service.

The attack raised questions for many in Western North Carolina, including Asheville resident Sue Collins. A pediatric nurse practitioner, Collins said she worried about potential harm to children by such a dog pack.

"What would have happened if this had been a family with a 2- or 3- or 4-year-old running around?" Collins said. "I've seen firsthand what dogs can do to children. I think the forest should be safe for everyone. I think it's the job of the forest rangers to make the forest safe for everyone. I don't think hunters should have more rights than other people."

An N.C. Wildlife Resources Commission biologist called the attack extremely unusual. Mike Carraway, who's based in WNC, said he had never seen a similar incident.

Bear hunting season continues in WNC through Nov. 22. After a break, a second segment of the season runs Dec. 15 to Jan. 1. Hunting is not allowed on Sundays.

Safety tips for non-hunters

When visiting a national forest or other woodland area during hunting season, non-hunters should:

• Wear bright clothing. Make yourself more visible. Choose colors that stand out, like red, blaze orange or green, and avoid white, blacks, browns, earth-toned greens and animal-colored clothing. Orange vests and hats are advisable.

• Don't forget to protect your dog. Get an orange vest for your dog if he/she accompanies you.

• Make noise. Whistle, sing or carry on a conversation as you walk to alert hunters to your presence. Sound carries well across mountain basins, and hunters should be listening for any sounds of animal movement.

• Be courteous. Once a hunter is aware of your presence, don't make unnecessary noise to disturb wildlife. Avoid confrontations.

• Make yourself known. If you do hear shooting, raise your voice and let hunters know that you are in the vicinity.

• Know hunting season dates. Continue to hike, but learn about where and when hunting is taking place.

• Know your own comfort level. If hunting makes you uneasy, choose a hike in a location where hunting is not allowed, such as a national park or a state park, or schedule your outings for Sundays.

Source: U.S. Forest Service