section .1100 - waiver

 

15A NCAC 10A .1101      WAIVER

(a)  The executive director or his designee shall waive rule provisions listed in Paragraph (b) of this Rule and subsequent Paragraphs under specified conditions and according to the following standards:

(1)           The applicant has complied with the laws of North Carolina and with rules promulgated by the Wildlife Resources Commission;

(2)           The Commission is able to safeguard the wildlife resources in North Carolina while granting the waiver; and

(3)           The applicant is able to meet the conditions of the waiver.

(b)  The executive director or his designee shall waive the rule banning intrastate transfer of cervids and shall issue a transportation permit to an applicant for such a waiver provided that:

(1)           The executive director or his designee determines that the applicant is eligible for a waiver according to standards listed in Paragraph (a) of this Rule;

(2)           The eligible applicant shall first notify the Commission of the following:

(A)          the tag number(s) assigned to the cervid;

(B)          the facility of origination;

(C)          the facility of destination;

(D)          the date(s) upon which the transfer is to take place; and

(E)           the means by which the cervid is to be transported; and

(3)           The executive director or his designee confirms receipt of the information requested in Subparagraph (b)(2) of this Rule.

Transportation of cervids between facilities that are licensed to the same individual shall be permitted upon the condition that the licensed applicant log the information required by Subparagraph (b)(2) of this Rule rather than submit a separate application for each transportation.  

(c)  The executive director or his designee shall waive the rule banning importation of cervids and shall issue a transportation permit to an applicant for such a waiver provided that:

(1)           The executive director or his designee determines that the applicant is eligible for a waiver according to standards listed in Paragraph (a) of this Rule;

(2)           The herd of origin for all cervids to be imported has met the following conditions:

(A)          The herd has been held in a facility that has been secured by a fence that has not been breached or jumped by a cervid for at least five years, and into which no cervid has been introduced for at least five years;

(B)          All members of the herd that have died in the past five years have been tested for Chronic Wasting Disease [CWD]; and all CWD test results have been negative; and

(C)          Facility records demonstrating compliance with the conditions in this Subparagraph have been submitted with the import application.  

(3)           The eligible applicant shall first notify the Commission of the following:

(A)          the tag number(s) or other identification assigned to the cervid;

(B)          the facility of origination;

(C)          the facility of destination;

(D)          the date(s) upon which the transfer is to take place; and

(E)           the means by which the cervid is to be transported; and

(4)           The executive director or his designee confirms receipt of the information requested in Subparagraph (c)(3) of this Rule.

(d)  The executive director or his designee shall waive the rule against cervid facility expansion and to amend a license to permit expansion to an applicant for such a waiver provided that:

(1)           The executive director or his designee confirms the applicant's eligibility for a waiver according to standards listed in Paragraph (a) of this Rule;

(2)           The eligible applicant shall first notify Commission of the following:

(A)          the location of the facility for which expansion is desired;

(B)          the number of cervids held at that facility;

(C)          the number of births or purchases of cervids expected within a year of the application; and

(D)          the proposed capacity for which expansion is desired; and

(3)           The executive director or his designee confirms receipt of the information requested in Paragraphs (c) and (d) of this Rule.

 

History Note:        Authority G.S. 113‑134; 113‑274; 150B-19(6);

Temporary Adoption Eff. May 21, 2003;

Temporary Adoption Expired March 12, 2004;

Eff. November 1, 2004;

Amended Eff. August 1, 2006.