15A NCAC 10H .0806      Acquisition, Sale and Status change

(a)  Sale, transfer, purchase and barter.  A licensee may transfer a wild-caught raptor to another licensee if no money or other consideration is involved. A licensee may purchase, trade, sell or barter any lawfully possessed raptor that is bred in captivity under a federal raptor propagation permit and banded with a numbered seamless marker provided by the issuing office, provided:

(1)           the person receiving the raptor is authorized to possess it under this Section, or 50 CFR 21, or the foreign country of his residence or domicile in accordance with 50 CFR 21.29(f)(15); and

(2)           the licensee transferring such raptor has acquired it from a person authorized to possess it as provided by 15A NCAC 10H .0807.

(b)  Acquisition from a rehabilitator.  A licensee may acquire a raptor from a permitted rehabilitator subject to the restrictions and conditions set forth in 50 CFR 21.29(e)(7)(i)-(ii) which is hereby incorporated by reference, including subsequent amendments and editions.

(c)  A licensee may not take, possess, or transport a raptor in violation of the restrictions, conditions, and requirements of the federal and state falconry regulations.

(d)  Death.  If a licensee dies his raptors may be transferred in accordance with 50 CFR 21.29 (f)(21), which is hereby incorporated by reference, including subsequent amendments and editions, for up to 90 days.  After 90 days the Commission shall take possession of the birds.

(e)  Status change.  Any status change of a raptor, including death of the raptor or the licensee, loss due to theft, acquisition, sale, transfer, intentional release and rebanding must be reported as set forth in 50 CFR 21.29(e)(6)(i)-(iii) which is hereby incorporated by reference, including subsequent amendments and editions.

(f)  Disposition of dead birds.  Dead birds must be disposed of in a manner described in 50 CFR 21.29(f)(13)(i)-(v) which is hereby incorporated by reference, including subsequent amendments and editions.

 

History Note:        Authority G.S. 113-134; 113-270.3(b)(4); 50 C.F.R. 21.28; 50 C.F.R. 21.29;

Eff. September 1, 1979;

Amended Eff. January 1, 2012; February 1, 1994; April 1, 1991; February 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.