CHAPTER 10 ‑ WILDLIFE RESOURCES AND WATER SAFETY

 

This Chapter 10 of Title 15A of the North Carolina Administrative Code (15A NCAC 10); WILDLIFE RESOURCES AND WATER SAFETY;  has been transferred and recodified from Chapter 10 of Title 15 of the North Carolina Administrative Code (15 NCAC 10), effective November 1, 1989.  The recodification was pursuant to G.S. 143B‑279.1.

 

SUBCHAPTER 10A ‑ WILDLIFE RESOURCES COMMISSION

 

SECTION .0100 ‑ GENERAL

 

15A NCAC 10A .0101      RESPONSIBILITIES

15A NCAC 10A .0102      FUNCTIONS

15A NCAC 10A .0103      FISCAL POLICY

15A NCAC 10A .0104      REIMBURSEMENT OF WILDLIFE FUND

15A NCAC 10A .0105      STEWARDSHIP OF REVENUES

15A NCAC 10A .0106      MOTTO

 

History Note:        Authority G.S. 75A‑3; 113‑306; 113‑307.1; 143‑239; 143‑243; 143‑250; 143‑254.1; 143A‑118; 143B‑281;

Eff. February 1, 1976;

Repealed Eff. February 1, 1982.

 

SECTION .0200 ‑ ORGANIZATION AND PROCEDURE

 

15A NCAC 10A .0201      ACTION BY COMMISSION

 

History Note:        Authority G.S. 143‑243;

Eff. February 1, 1976;

Repealed Eff. July 1, 1988.

 

15A NCAC 10A .0202      OFFICERS OF COMMISSION

15A NCAC 10A .0203      MEETINGS OF COMMISSION

 

History Note:        Authority G.S. 143‑243;

Eff. February 1, 1976;

Amended Eff. April 15, 1979;

Repealed Eff. February 1, 1982.

 

15A NCAC 10A .0204      COMMITTEES

 

History Note:        Authority G.S. 75A‑3(b); 143‑243;

Eff. February 1, 1976;

Amended Eff. April 15, 1979;

Repealed Eff. July 1, 1988.

 

15A NCAC 10A .0205      SEAL OF COMMISSION

15A NCAC 10A .0206      EXECUTIVE DIRECTOR

15A NCAC 10A .0207      ASSISTANT FOR ADMINISTRATION

15A NCAC 10A .0208      ASSISTANT FOR FIELD OPERATIONS

 

History Note:        Authority G.S. 143‑243; 143‑246;

Eff. February 1, 1976;

Repealed Eff. February 1, 1982.

 

15A NCAC 10A .0209      ENFORCEMENT JURISDICTION OF SPECIAL OFFICERS

 

History Note:        Authority G.S. 113‑134; 113‑138; 113‑305;

Eff. May 1, 1982;

Repealed Eff. July 1, 1988.

 

SECTION .0300 ‑ ANNUAL REGULATIONS PROCEDURE

 

15A NCAC 10A .0301      NECESSITY FOR ANNUAL REGULATIONS

15A NCAC 10A .0302      POLICY CONSIDERATIONS

 

History Note:        Authority G.S. 113‑131; 113‑132; 113‑273; 113‑291.2; 113‑291.7; 113‑301.1; 113‑307; 143‑239; 150B‑12;

Eff. February 1, 1976;

Repealed Eff. July 1, 1988.

 

15A NCAC 10A .0303      PROCEDURE FOR ADOPTION

 

History Note:        Authority G.S. 143‑243; 143B‑18; 150B‑12;

Eff. February 1, 1976;

Repealed Eff. February 1, 1982.

 

15A NCAC 10A .0401      FORM AND CONTENTS OF PETITION

(a)  A written petition requesting rulemaking shall be sent to the Executive Director of the Wildlife Resources Commission at 1701 Mail Service Center, Raleigh, NC 27699-1700 for U.S. Postal Service delivery or 1751 Varsity Drive, Raleigh, NC 27606-2576 for other delivery services or in person and must contain:

(1)           the name and address of the petitioner;

(2)           the name and address of the person, group, or organization, if any, on behalf of which the petition is made, together with the representative capacity of the petitioner;

(3)           the citation to any rule sought to be adopted, amended, or repealed;

(4)           suggested language for any rule sought to be adopted or amended and a statement of its desired effect; and

(5)           the signature of the petitioner.

(b)  In addition to the foregoing, the petition may contain expression of any reasons in support or arguments in favor of the regulatory action proposed. Any tables, charts, maps, publications, photographs, or other supporting materials that the petitioner deems pertinent to the proposal may be included by way of exhibits or attachments.

 

History Note:        Authority G.S. 150B‑20;

Eff. February 1, 1976;

Amended Eff. July 1, 2018; July 1, 1993; April 15, 1979.

 

15A NCAC 10A .0402      ACTION ON PETITION

(a)  The Executive Director shall cause the petition requesting rulemaking to be marked or stamped with the date of its receipt by him, which date shall constitute the date of its submission.  The Executive Director shall then refer the petition requesting rulemaking to the Wildlife Resources Commission for its consideration.

(b)  Within 120 days following submission of the petition requesting rulemaking, the Wildlife Resources Commission shall:

(1)           deny the petition in writing, stating the reason or reasons for such denial; or

(2)           initiate rulemaking proceedings in accordance with G.S. 150B‑20.

(c)  The Wildlife Resources Commission shall notify the person who submitted the petition of the action taken by the Commission.  Any denial of a petition requesting rulemaking shall be sent to the petitioner at the address therein indicated by registered mail, "return receipt requested."

 

History Note:        Authority G.S. 150B‑20;

Eff. February 1, 1976;

Amended Eff. July 1, 1993.

 

SECTION .0500 ‑ DECLARATORY RULINGS

 

15A NCAC 10A .0501      WHEN ISSUED

In accordance with the procedures set forth in Rule .0503 of this Section, and except as provided in Rule .0502 of this Section, a declaratory ruling is authorized to be issued by the Wildlife Resources Commission when there is submitted to the Executive Director a written request signed and verified under oath by or on behalf of a person or group of persons of common interest who will be substantially affected in their persons, property, public office or employment by such ruling; and which request shows on its face:

(1)           that there is an actual controversy as to the applicability of a specific rule or regulation of the Commission, or of a specific statute administered or enforced by the Commission, to an existing factual situation;

(2)           that every relevant fact and circumstance necessary to the ruling is definitively stated and is conceded by all parties to be a true and existing fact or circumstance for all purposes;

(3)           that all parties who will be directly or indirectly affected by the ruling, other than the Commission and its agents and employees, have joined in the request therefor and in the verification of the facts therein set forth; and

(4)           that the ruling will be final and determinative of the controversy and binding on all parties affected thereby, subject only to reversal or modification by a court on direct judicial review as provided by law.

 

History Note:        Authority G.S. 150B‑4;

Eff. February 1, 1976.

 

15A NCAC 10A .0502      WHEN NOT ISSUED

A declaratory ruling will not be issued upon any request which is not in writing or upon the written request of a person who will not be substantially affected, either directly or indirectly, in his person, property, public office or employment by the ruling requested; or when it is or becomes apparent from any source:

(1)           that no actual controversy exists, either as among the respective parties or as between the parties and the Commission, as to the applicability of a specific rule or regulation of the Commission, or of a specific statute administrated or enforced by the Commission, to an existing factual situation;

(2)           that the question to be ruled upon is academic, hypothetical, moot, speculative, or lacking in specificity;

(3)           that any relevant fact or circumstance necessary to the ruling is controverted, unverified, indefinite as to time or place, or omitted from the request for ruling;

(4)           that the proposed ruling will substantially affect a person, other than an agent or employee of the Commission, who is not a party to the request therefor;

(5)           that a case or proceeding involving the substance of the requested ruling is pending before a court or another agency;

(6)           that the requested ruling would not be final and binding on the parties to be affected thereby, subject only to direct judicial review as provided by law;

(7)           that the request for ruling challenges the validity of a statute administered or enforced by the Commission;

(8)           that the requested ruling would require an interpretation of a statute not administered or enforced by the Commission or of a rule, regulation, order, or ordinance of some other governmental agency;

(9)           that the Commission is without power or authority to issue the requested ruling for any reason; or

(10)         that the request is not made in good faith.

 

History Note:        Authority G.S. 150B‑4;

Eff. February 1, 1976.

 

15A NCAC 10A .0503      PROCEDURE

(a)  Form and Content of Request.  A request for a declaratory ruling must be a written communication, specifically designated as a "Request for Declaratory Ruling," addressed to the Executive Director, Wildlife Resources Commission, Archdale Building, 512 North Salisbury Street, Raleigh, North Carolina 27611 and must contain the following:

(1)           names and addresses of all persons requesting the ruling;

(2)           designation of the person or persons authorized to receive the ruling or any communication relative thereto, if different from those requesting;

(3)           statement of all material facts and circumstances sufficient to show the existence and nature of the controversy and the relation of all parties with respect thereto;

(4)           identification of the specific rule, regulation or statute involved by number or substance, or both;

(5)           the specific question to be ruled upon;

(6)           a statement that the substance of the request is not then pending for decision before any court or any other agency of government;

(7)           signature of all persons making the request or of one or more authorized representatives of all such persons, indicating the capacity of such representation; and

(8)           verification by, or on behalf of, all persons making the request.

(b)  Form of Verification.  The verification of a request for a declaratory ruling must be executed before an official authorized to administer oaths, and may be in substance as follows:

 

North Carolina

______________________   County

___________________________________________________________________________,  being duly

[name(s)]

sworn, says (say) that he is (they are) _____________________________________________________;

(capacity)

 

that he has (they have) read the foregoing Request for Declaratory Ruling and understand(s) its contents; and that the matters therein stated are true of his (their) own knowledge, except those matters stated on information and belief, and as to the matters so stated, he believes (they believe) them to be true.

 

_______________________________________

[signature(s)]

 

Subscribed and sworn to before me

this _______ day of __________, 19____.

__________________________________

(signature of official) 

     Title of Official                                                                                                                                                                                                                                                                                                                           (L.S.)

 

(c)  Action on Request.  The Executive Director shall cause the request for a declaratory ruling to be marked or stamped with the date of receipt and, within 60 days thereafter:

(1)           deny the ruling in writing, stating the reason or reasons for such denial;

(2)           place the request on the agenda for the next ensuing meeting of the Wildlife Resources Commission;

(3)           issue a ruling in accordance with existing policy of the Commission, in which case the ruling shall be deemed that of the Commission; or

(4)           take such other action as he may deem appropriate.

(d)  Form and Content of Ruling.  A declaratory ruling is a written communication, specifically designated as a "declaratory ruling" (with a number, the substance, or sub‑title as may be desirable for identification and future reference), addressed to the persons requesting the ruling or to the person or persons authorized in the request to receive the ruling or communications relative thereto, and containing the following:

(1)           reference to the request for declaratory ruling;

(2)           reference to authority for the ruling (the statute and these regulations, or the specific action of the Commission);

(3)           names and addresses of the persons affected by the ruling, unless it is general in effect and is so indicated;

(4)           recital of the material facts on which the ruling is based, or reference to the facts as stated in the request;

(5)           the ruling;

(6)           date of issue; and

(7)           signature of Executive Director.

(e)  Notice of Ruling or Denial of Ruling.  Any declaratory ruling issued by the Wildlife Resources Commission or the Executive Director and any communication denying such a ruling shall be sent by registered mail, "return receipt requested," to the persons requesting the ruling, or to such person or persons as are designated in the request to receive the ruling or communications relative thereto.

 

History Note:        Authority G.S. 150B‑11; 150B‑17;

Eff. February 1, 1976;

Amended Eff. April 15, 1979.

 

SECTION .0600 ‑ LAW ENFORCEMENT PERSONNEL: DISABILITY AND RETIREMENT

 

15A NCAC 10A .0601      POLICY

15A NCAC 10A .0602      DEFINITIONS

15A NCAC 10A .0603      TENURE

15A NCAC 10A .0604      RETIREMENT AGE

15A NCAC 10A .0605      MEDICAL EVALUATION OFFICER

15A NCAC 10A .0606      DUTIES OF MEDICAL EVALUATION OFFICER

15A NCAC 10A .0607      MEDICAL EXAMINATIONS

15A NCAC 10A .0608      FITNESS REQUIREMENTS

15A NCAC 10A .0609      FITNESS CLASSIFICATIONS

15A NCAC 10A .0610      PHYSICAL AND EMOTIONAL DISABILITY

15A NCAC 10A .0611      APPEALS

15A NCAC 10A .0612      CONFIDENTIALITY OF MEDICAL INFORMATION

 

History Note:        Authority G.S. 8‑53; 113‑128(9); 126‑16; 126‑24; 126‑34; 126‑35; 126‑36; 126‑36.1; 126‑39; 126‑53; 143‑243; 143‑246; 143B‑281;

Eff. December 21, 1978;

Amended Eff. June 17, 1979;

Repealed Eff. June 21, 1981.

 

SECTION .0700 ‑ SECONDARY EMPLOYMENT

 

15A NCAC 10A .0701      POLICY

15A NCAC 10A .0702      DEFINITIONS

15A NCAC 10A .0703      EMPLOYEE RESPONSIBILITY

15A NCAC 10A .0704      AGENCY RESPONSIBILITY

15A NCAC 10A .0705      APPEAL

15A NCAC 10A .0706      PENALTIES

 

History Note:        Authority G.S. 126‑24; 126‑35; 143‑243; 143‑246; 143B‑281;

Eff. February 7, 1979;

Repealed Eff. June 21, 1981.

 

SECTION .0800 ‑ WORK PLANNING AND PERFORMANCE REVIEW

 

 

15A NCAC 10A .0801      POLICY

15A NCAC 10A .0802      WORK PLANNING

15A NCAC 10A .0803      PERFORMANCE REVIEW

 

History Note:        Authority G.S. 113‑91(2); 126‑7; 126‑22; 126‑24; 143‑243; 143‑246; 143B‑281;

Eff. March 9, 1979;

Amended Eff. January 6, 1980;

Repealed Eff. June 21, 1981.

 

SECTION .0900 ‑ EMPLOYMENT AND PROMOTIONS

 

15A NCAC 10A .0901      POLICY

15A NCAC 10A .0902      PROBATIONARY APPOINTMENT

15A NCAC 10A .0903      WILDLIFE ENFORCEMENT OFFICERS

15A NCAC 10A .0904      PERFORMANCE EVALUATION

15A NCAC 10A .0905      DISMISSAL DURING PROBATIONARY PERIOD

15A NCAC 10A .0906      PERSONNEL ACTION AT CONCLUSION OF PROBATION

15A NCAC 10A .0907      EMPLOYEE PROMOTIONS

 

History Note:        Authority G.S. 17A‑7; 113‑91(2); 126‑4; 126‑5; 126‑24; 126‑35; 143‑243; 143‑246; 143A‑281; 1 NCAC 8C .0404; 1 NCAC 8D .0202;

Eff. June 17, 1979;

Repealed Eff. June 21, 1981.

 

SECTION .1000 ‑ WARNING TICKETS

 

15A NCAC 10A .1001      PARTICULAR OFFENSES

(a)  Warning Tickets Prohibited.  Wildlife Enforcement Officers shall not issue warning tickets for the following offenses, classes of offenses or offenses committed in a particular manner:

(1)           second offense of a similar charge;

(2)           hunting, fishing, or trapping without a license, except as listed in this Rule;

(3)           exceeding bag or creel limits;

(4)           taking fish or wildlife by use of poison, explosives, or electricity;

(5)           hunting, fishing, or trapping in closed season;

(6)           hunting on Game Lands during closed days;

(7)           firelighting deer;

(8)           unlawful taking or possession of antlerless deer;

(9)           unlawful taking or possession of bear or wild turkey;

(10)         unlawful purchase or sale of wildlife;

(11)         unlawful taking of fox; or

(12)         taking wildlife with the aid of or from a motor vehicle or boat under power or while in motion.

(b)  Warning Tickets Permitted.  In accordance with the conditions provided in G.S. 113‑140(c) and where there is a contemporaneous occurrence of more than three violations of the motorboat statutes or administrative rules, Wildlife Enforcement Officers may issue a citation on the two most serious violations and a warning ticket on the lesser violation(s).  In addition, Wildlife Enforcement Officers may issue warning tickets for the following offenses:

(1)           Boating Violations:

(A)          number missing, lack of contrast, not properly spaced or less than three inches in height;

(B)          no validation decal affixed or incorrect placement;

(C)          fire extinguisher not charged or non‑approved;

(D)          no fire extinguisher on boats with false bottoms not completely sealed to hull or filled with flotation material;

(E)           failure to notify North Carolina Wildlife Resources Commission of change of address of boat owner;

(F)           personal flotation device not Coast Guard approved;

(G)          failure to display navigation lights when there is evidence that lights malfunctioned while underway;

(H)          no sound device;

(I)            muffler not adequate;

(J)            loaded firearm on access area;

(K)          parking on access area in other than designated parking area, provided traffic to ramp not impeded;

(L)           motorboat registration expired 10 days or less;

(M)         no Type IV throwable personal flotation device on board, but other personal flotation device requirements met;

(N)          violation of no‑wake speed zone when mitigating circumstances present;

(O)          running lights on motorboat are obstructed, not visible or improperly configured;

(P)           personal flotation device is not readily accessible on board motorboat;

(Q)          failure to wear a kill-switch lanyard on personal watercraft;

(R)          exceeding capacity of personal watercraft while towing a skier;

(S)           allowing youth under the age of 12 to operate a personal watercraft while accompanied by an adult;

(T)           wearing an inflatable personal flotation device while operating a personal watercraft; or

(U)          No light available on board a manually propelled vessel. 

(2)           License Violations:

(A            persons under 16 hunting, trapping, or trout fishing without meeting statutory requirements;

(B)          senior citizens hunting or fishing without valid license(s) (Senior citizens are those persons 65 years old or older);

(C)          when it appears evident that the wrong license was purchased or issued by mistake;

(D)          failure to carry required license or identification on person, if positive identification can be established;

(E)           non‑resident hunting, fishing, or trapping with resident license, if domicile is established, but not 60 days;

(F)           hunting, fishing, or trapping on Game Lands or fishing in Designated Trout Waters that are not properly posted or have been posted for no more than 30 days;

(G)          persons who are 18 years or older or who do not reside with their parents, when such persons are taking wildlife upon their parent's land without a license as required by G.S. 113-270.2, 113-270.3(b) except for subdivision (5), 113-270.5, 113-271, or 113-272;

(H)          failure to comply with a statutorily enacted license requirement that has been in effect for less than a year; or

(I)            license expiration of 10 days or less.

(3)           Game Lands Violations:

(A)          camping on Game Lands in other than designated area; or

(B)          possession of weapons readily available for use while on game land thoroughfare, during closed season.

(4)           Trapping Violations:

(A)          improper chain length at dry land sets;

(B)          trap tag not legible;

(C)          trap tag missing, but with a group of properly tagged traps;

(D)          trap tag missing, but evidence that animal destroyed;

(E)           improper jawsize;

(F)           failure to comply with "offset" jaw requirement for traps with jaw spread of more than 5 ˝ inches;

(G)          failure to attend traps daily, during severe weather (ice, high water, heavy snow); or

(H)          no written permission, but on right‑of‑way of public road.

(5)           Miscellaneous Violations:

(A)          allowing dogs, not under the control of the owner to chase deer during closed season;

(B)          attempting to take deer with dogs, or allowing dogs to chase deer in restricted areas;

(C)          using dogs to track wounded deer during primitive weapon season;

(D)          failure to report big game kill to nearest cooperator agent, when game is tagged and subject is enroute to another agent;

(E)           training dogs or permitting them to run unleashed on Game Lands west of I‑95 during the period of April 1 through August 15;

(F)           violation of newly adopted rules, when not readily available to the public;

(G)          violation of local laws, when information not available to the public;

(H)          all permits (except for fox depredation permit);

(I)            closed season, if misprinted in digest or suddenly changed;

(J)            minor record violation (taxidermist);

(K)          failure to put name and address on marker (trotline); or

(L)           failure to put name and address on nets.

(c)  Special Consideration.  Special consideration may be given in local areas where the offender is hunting or fishing out of his normal locality and is unfamiliar with the local law.  Consideration may also be given for violations on newly opened or established Game Lands and on reclassified or newly Designated Mountain Trout Waters.  Special consideration may be given to offenders under 18 years of age.

 

History Note:        Authority G.S. 113‑140;

Eff. April 1, 1991;

Amended Eff. May 1, 2007; May 1, 2004; November 2, 1992; November 1, 1991.

 

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.

 

SECTION .1200 - EMERGENCY POWERS

 

15A NCAC 10A .1201      emergency powers

(a)  Upon a finding by the Wildlife Resources Commission that a wildlife disease threatens irreparable injury to wildlife or to the public, the Executive Director shall develop an emergency response plan in consultation with the Governor's office and the State Veterinarian.  The plan may prescribe one or more of the following actions:

(1)           shorten or lengthen harvest seasons;

(2)           prohibit transport of wildlife resources or parts thereof;

(3)           prohibit possession of wildlife resources;

(4)           confiscate wildlife resources;

(5)           revoke licenses or permits;

(6)           expand or restrict daily bag limits, daily creel limits, and possession limits;

(7)           establish mandatory wildlife check stations;

(8)           restrict public access to game lands;

(9)           require prepayment of outside testing costs by persons who desire disease testing of their harvested wildlife resource when such testing is not essential to the objectives of the plan;

(10)         prohibit supplemental feeding or baiting of wildlife;

(11)         prohibit any other activities that aid in the transmission or movement of the disease as determined by the best available science regarding the disease threat;

(12)         implement any other activities necessary to reduce infection opportunities; and

(13)         implement any other requirements necessary to assist in the detection and isolation of the disease.

(b)  The Commission shall inform the public of the actions in the response plan through press releases, postings on the Wildlife Commission web site, letters sent to representatives of sportsmen's groups or other constituents likely to be directly affected, and by employee outreach.

 

History Note:        Authority G.S. 113-134; 113-306(f);

Eff. March 1, 2011.

 

Section .1300 – Wildlife Poacher Reward Fund

 

15A NCAC 10A .1301      fUNDING sOURCES

The Wildlife Resources Commission shall direct at least 10 percent of compensatory restitution associated with replacement costs and investigative costs as defined in G.S. 15A-1343(b1)(5) and specified in Rules 15A NCAC 10B .0117 and 15A NCAC 10C .0215 to the Wildlife Poacher Reward Fund.

 

History Note:        Authority G.S. 15A-1343; 113-134; 113-294;

Eff. May 1, 2014.

 

15A NCAC 10A .1302      OFFENSES AND REWARD AMOUNTS

(a)  Rewards shall be paid only for information resulting in the arrest and conviction of persons who have committed Class 1 or Class 2 misdemeanors specified in G.S. 113-294 and G.S. 113-337, and Class 1 misdemeanors involving wildlife resources specified in G.S. 113-264(b).

(b)  The reward amount shall be equivalent to the amount of the fine, replacement costs, or restitution assessed by the court, whichever is greatest, not to exceed one thousand dollars ($1,000).  If no fine, replacement cost, or restitution is assessed, including in cases that result in a prayer for judgment, the reward shall be one hundred dollars ($100.00).

 

History Note:        Authority G.S. 113-134; 113-264; 113-294; 113-294.1; 113-337;

Eff. May 1, 2014.

 

15A NCAC 10A .1303      eLIGIBILITY

(a)  Rewards shall be paid only to individuals who provide information resulting in the arrest and conviction of persons who have committed the offenses specified in Rule .1302(a) of this Section.  If more than one individual provides information resulting in the arrest of a person for the same offense, the Commission shall pay reward money in equal amounts to each individual not to exceed the amount specified in Rule .1302(b) of this Section.

(b)  Rewards shall be paid after the final disposition of a case resulting in a conviction or a prayer for judgment. For purposes of this Rule, a conviction shall be as defined in G.S. 113-171(a).

(c)  The following individuals are not eligible to receive reward money:

(1)           any current Wildlife Resources Commission employee or members of his or her immediate family;

(2)           any current Wildlife Resources Commissioner;

(3)           any sworn law enforcement officer;

(4)           the perpetrator of the crime for which the information has been given and any accomplice or accessory to that crime; and

(5)           any individual who refuses to provide the Commission with his or her name and contact information.

 

History Note:        Authority G.S. 113-134; 113-171; 113-294.1;

Eff. May 1, 2014.

 

section .1400 – INTERSTATE WILDLIFE VIOLATOR COMPACT (WVC)

 

15A NCAC 10A .1401      GENERAL PROVISIONS

(a)  Purpose. The purpose of this section is to establish the rules necessary to implement G.S. 113 Article 22B, the Interstate Wildlife Violator Compact (hereinafter referred to as WVC).

(b)  Applicability. The rules in this Section shall apply to any person possessing a license, privilege or right to hunt, fish, trap, possess, or transport wildlife in the State of North Carolina. Violations under this Section apply to only hunting, fishing and trapping. The rules shall not apply to any offenses committed in North Carolina or any other WVC state prior to August 1, 2017.

(c)  Definitions. The definitions in G.S. 113-300.6 Article II shall apply throughout this Subchapter and to all forms prescribed pursuant to this Subchapter, unless otherwise indicated.

 

History Note:        Authority G.S. 113-134; 113-300.7;

Eff. August 1, 2017.

 

15A NCAC 10A .1402      WILDLIFE VIOLATOR COMPACT MANUAL

The Wildlife Violator Compact Operations Manual, which is incorporated by reference, including subsequent amendments and editions, may be found free of charge, at http://www.ncwildlife.org, and G.S. 113-300.6 hereby establish the administrative and procedural guidelines for participation in the WVC.

 

History Note:        Authority G.S. 113-134; 113-300.7;

Eff. August 1, 2017.

 

15A NCAC 10A .1403      WILDLIFE VIOLATOR COMPACT CONDITIONS FOR NON-RESIDENTS

(a)  Non-residents of North Carolina who are residents of a WVC member state at the time of a misdemeanor hunting, fishing, or trapping violation occurring in North Carolina, may be released on personal recognizance when the violation consists of a written citation requiring a violator to resolve the violation directly with the court, either in person, by mail, or through an attorney.

(b)  All identified offenses set forth in G.S. 113 are subject to the provisions of the WVC.

(c)  Upon failure to comply with the terms of a citation for violation of North Carolina hunting, fishing, or trapping laws, the Wildlife Resources Commission shall send notice of failure to comply, by certified mail, return receipt requested, to the violator's last known address, and report the failure to comply to the home state to start suspension procedures in accordance with the Wildlife Violator Compact Manual.

(d)  License privileges shall only be restored when the citation is resolved through the North Carolina Court System.

(e)  Upon resolving the citation, the non-resident shall notify the Wildlife Resources Commission so that hunting, fishing or trapping privileges can be restored.

 

History Note:        Authority G.S. 113-134; 113-300.7;

Eff. August 1, 2017.

 

15A NCAC 10A .1404      WILDLIFE VIOLATOR COMPACT CONDITIONS FOR RESIDENTS

(a)  North Carolina residents committing hunting, fishing, or trapping violations in another WVC member state, who upon release on personal recognizance from the issuing state, failed to resolve the violation, shall have their hunting, fishing, or trapping privileges suspended in North Carolina.

(b)  If the Wildlife Resources Commission receives notice of an unresolved violation, a Notice of Suspension shall be prepared and sent to the violator:

(1)           the notice shall have a delayed effective date of at least 14 business days, to allow the violator to contact the court in the issuing state and resolve the case;

(2)           the notice shall be delivered personally or by letter sent by certified mail, return receipt requested, to the last known address of the licensee or permit holder;

(3)           the notice of suspension shall inform the violator of the facts supporting the suspension and procedures to be followed in resolving the matter with the court in the issuing state; and

(4)           the notice shall provide the procedure for appealing the suspension.

(c)  Any suspensions received by the Wildlife Resources Commission shall remain in effect until such time as the North Carolina resident resolves the violation in the issuing state.

(d)  When a North Carolina resident resolves a violation with the court in the issuing state, it is the responsibility of the resident to present documents to the Wildlife Resources Commission that acknowledge compliance. Upon receipt of documentation set forth in Paragraph (e) of this Rule, an acknowledgement of compliance shall be issued directly to that person by the Wildlife Resources Commission.

(e)  The following shall be sufficient evidence of compliance in response to a notice of suspension for non-compliance:

(1)           copy of the court judgment; or

(2)           a copy of a Notice of Compliance from the issuing state.

(f)  The Wildlife Resources Commission shall reinstate the license if the acknowledgement of compliance is presented after the effective date of the suspension.

(g)  Residents receiving a Notice of Suspension from the Wildlife Resources Commission under the WVC provisions for failure to resolve a citation issued in another WVC member state may file a petition with the Office of Administrative Hearings, within 60 days from the date of delivery by certified mail to the residents last known address, pursuant to G.S. 150B-23.

(h)  The issuing state shall be notified if the suspension order is overturned by the Office of Administrative Hearings.

 

History Note:        Authority G.S. 113-134; 113-300.7;

Eff. August 1, 2017.

 

15A NCAC 10A .1405      RECIPROCAL RECOGNITION OF SUSPENSIONS

(a)  When the Wildlife Resources Commission receives notice of suspension of a North Carolina resident's hunting, fishing, or trapping privileges or licenses by a WVC member state that are the result of a conviction or an accumulation of convictions of wildlife violations in one or more states that participate in the WVC, the agency shall determine whether the violation, or accumulation of violations, leading to the suspension could have led to the suspension of rights, privileges, or licenses under G.S. 113. If it is determined that the resident's privileges or licenses would have been suspended under G.S. 113, the resident's licenses, rights, and privileges to hunt, fish, or trap in North Carolina shall be suspended pursuant to Article 22B of G.S. 113 for the same period as imposed by the WVC member state where the violation occurred.

(b)  North Carolina shall communicate suspension information to other member states, using the WVC database. Information may include the following:

(1)           name;

(2)           date of birth;

(3)           last known address;

(4)           violation(s) and convictions upon which the suspension is based;

(5)           scope of the suspension (i.e., fishing, hunting, trapping, all privileges or rights); and

(6)           effective dates of the suspension and term of the suspension.

(c)  In the event documentation of a violation and subsequent license suspension is needed by a member state for license suspension hearings or other purposes, the Wildlife Resources Commission may provide certified copies of the citation or other charging instrument, any arrest or investigation reports, suspension orders, and the disposition of the matter.

 

History Note:        Authority G.S. 113-134; 113-300.7;

Eff. August 1, 2017.

 

15A NCAC 10A .1406      APPEALS

A final agency decision made by the Wildlife Resources Commission to suspend any North Carolina hunting, fishing or trapping license pursuant to the WVC shall be appealable to the Office of Administrative Hearings pursuant to G.S. 150B-23. Notice of the right to appeal shall be included in the correspondence notifying the licensee of the final agency decision.

 

History Note:        Authority G.S. 113-134; 113-300.7;

Eff. August 1, 2017.