SUBCHAPTER 10H ‑ REGULATED ACTIVITIES

 

SECTION .0100 ‑ CONTROLLED HUNTING PRESERVES FOR DOMESTICALLY RAISED GAME BIRDS

 

15A NCAC 10H .0101      LICENSE TO OPERATE

(a)  A controlled hunting preserve license entitles the holder or holders thereof, and their guests of that preserve to take or kill by shooting only, and without regard to sex or bag limits, starting October 1 and ending March 31, domestically-raised pheasants, chukar partridges, Hungarian partridges, Mallard ducks (as defined by the United States Fish and Wildlife Service) or other domestically raised game birds, except wild turkey.  A controlled hunting preserve license also authorizes the holder or holders to purchase, possess, propagate, sell, transport and release propagated migratory game birds and their eggs, and propagated upland game birds, except wild turkey, subject to the limitations and conditions in Section .0900 of this Subchapter.  Application for controlled hunting preserve licenses shall be made on standard forms obtainable from the commission.  Applicants must be prepared to show proof of ownership of the land contained in the proposed hunting preserve or proof that they have this land under lease for the duration of the license period.

(b)  Controlled hunting preserve operators who release birds must report for the time period of the license the numbers of birds released by species and the counties where those birds were released using a reporting mechanism supplied by the Commission in order to renew their licenses.

 

History Note:        Authority G.S. 113-134; 113-273;

Eff. February 1, 1976;

Amended Eff. August 1, 2010; May 1, 2008; July 1, 1994; November 1, 1990; July 1, 1988; July 1, 1987.

 

15A NCAC 10H .0102      ESTABLISHMENT AND OPERATION

(a)  Size of Preserve.  Controlled hunting preserves licensed under these regulations shall consist of not less than 100 acres and shall be in one block of land.

(b)  Boundary of Preserve.  The boundary of each controlled hunting preserve shall be posted with printed signs that face both outward and inward from the preserve boundary and that are supplied and posted by the preserve owner as follows:

(1)           Size and color.  Signs shall be at least 12 inches wide and at least nine inches tall with white background and black lettering of uniform and legible font.

(2)           Text for signs that face outward from the boundary shall bear the following information:

(i)            the words "Controlled Hunting Preserve" in font size no less than ¼ of an inch in height;

(ii)           the words, "The owner or lessee of this property is operating by authority of a license issued by the N.C. Wildlife Resources Commission.  All hunting on this preserve shall be in accordance with special regulations adopted by the Commission" in font size no less than ¼ of an inch in height;

(iii)          the words, "state hunting license is required" in font size no less than ¼ inches in height; and

(iv)          the name of the operator of the controlled hunting preserve in font size no less than ¼ of an inch in height.

(3)           Text for signs that face inward from the boundary shall bear the words "Controlled Hunting Preserve" in font size no less than ¾ of an inch in height.

(4)           Location.  Signs shall be placed along the boundaries of the controlled hunting preserve, spaced not more than 150 feet apart.

(c)  Stocking Preserve with Game.  An applicant for a controlled hunting preserve license shall present satisfactory evidence of his ability to raise, or purchase, for release on the preserve during the year at least the minimum number herein designated of each species he plans to advertise as being available on his preserve for hunting in accordance with the following formula:

(1)           ring‑necked pheasants (and other nonnative game birds except Mallard ducks)‑‑100 birds of each species for first 300 acres, or fraction thereof, and 100 birds for each additional 200 acres, or fraction thereof, included in the hunting preserve;

(2)           bobwhite quail‑‑1,000 quail for the first 300 acres, or fraction thereof, and 500 quail for each additional 200 acres, or fraction thereof, included in the hunting preserve;

(3)           Mallard ducks (one generation removed from the wild) ‑‑100 minimum for each preserve.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. February 1, 1976;

Amended Eff. June 1, 2009; January 1, 1992; November 1, 1990;

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

 

15A NCAC 10H .0103      LABELING

When any person takes game birds, it shall be unlawful to remove such birds from the hunting preserve or to possess the same thereafter unless the entire bag of such birds is packaged and marked with a label provided by the hunting preserve operator.  Such label shall contain:

(1)           the name and address of the hunting preserve,

(2)           the name and address of the possessor of the bird carcasses,

(3)           the number of bird carcasses contained therein,

(4)           a statement that the package may be opened for inspection by an enforcement officer, and

(5)           the signature of the preserve owner or operator.

The package must be accompanied at all times by the hunter's receipt completed and signed by the preserve operator or his agent as described in Rule .0105 of this Section.

 

History Note:        Authority G.S. 113‑134; 113‑273; 113‑274;

Eff. February 1, 1976;

Amended Eff. November 1, 1990;

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

 

15A NCAC 10H .0104      QUALITY OF BIRDS RELEASED

All birds purchased or raised for release on hunting preserves shall be healthy and free from disease.  Possession of unhealthy or diseased birds is grounds for revocation or denial of a controlled hunting preserve license.

 

History Note:        Authority G.S. 113-134; 113-273;

Eff. February 1, 1976;

Amended Eff. August 1, 2010; June 1, 2005; November 1, 1990;

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

 

15A NCAC 10H .0105      RECORDS REQUIRED

The preserve operator shall maintain a daily record of each hunter using the controlled hunting preserve.  This record shall be kept on forms provided by the preserve operator.  A sample form will be provided by the Wildlife Resources Commission to the preserve operator.  This record shall bear the name, address, and license number of the preserve; the name, address and state hunting license number of each hunter using the preserve, the date of the hunt, and the number of each species of game bird killed by the hunter on the preserve.  The record shall bear the signature of the operator of the preserve and shall be prepared in duplicate; the original to be given to the hunter to serve as a receipt for birds killed on the preserve, and the duplicate copy to be retained by the licensee for 12 months and which copy shall be available for inspection by authorized Commission personnel upon demand.  It is unlawful for a person to possess native or nonnative game birds killed on controlled hunting preserves, unless the said birds are accompanied by an approved receipt as described in this Rule.  The licensee shall maintain a daily record of each game bird species liberated on the preserve.  This record shall be open for inspection by authorized Commission personnel upon demand.  Representatives of the Commission shall be permitted to enter the premises at reasonable times for inspection, enforcement, or scientific purposes.

 

History Note:        Authority G.S. 113‑134; 113‑273; 113.274;

Eff. February 1, 1976;

Amended Eff. November 1, 1990; April 15, 1979;

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

 

15A NCAC 10H .0106      HUNTING LICENSE REQUIRED

Every person hunting on a controlled hunting preserve shall have in his possession a proper resident or nonresident hunting license or a special controlled hunting preserve hunting license for the current year as required by law.

 

History Note:        Authority G.S. 113‑134; 113‑270.2; 113‑273;

Eff. February 1, 1976;

Amended Eff. November 1, 1990;

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

 

15A NCAC 10H .0107      REVOCATION OF LICENSE TO OPERATE

In accordance with provisions of G.S. 113‑276.2, the Wildlife Resources Commission may revoke or suspend the license of any hunting preserve operator upon violation of these rules and regulations.  When there is evidence of such a violation, the executive director or his designee shall give the said operator 20 days notice in writing to show cause to the executive director or his designee why said license should not be suspended or revoked.

 

History Note:        Authority G.S. 113‑134; 113‑273; 113‑276.2;

Eff. February 1, 1976;

Amended Eff. November 1, 1990; January 1, 1981;

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

 

15A NCAC 10H .0108      BIRD FEEDERS

(a)  Purpose of Rule.  The purpose of this Rule is to prescribe criteria governing the types and locations of bird feeders on controlled hunting preserves in the vicinity of which properly licensed hunters may take game birds as provided by law.

(b)  Types of Feeders.  For the purposes of this Rule, bird feeders may be either of commercial design or of domestic manufacture, provided that in either case they are not designed to disperse grain or other food on the ground around the feeders and are sheltered so as to protect such grain or food from dampness and precipitation.

(c)  Location of Feeders.  For the purposes of this Rule, no bird feeder shall be placed within 100 yards of any boundary of a controlled hunting preserve; otherwise the locations of such feeders shall be in the discretion of the hunting preserve operator.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. September 30, 1979;

Amended Eff. May 1, 2009; November 1, 1990;

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

 

15A NCAC 10H .0109      QUAIL CALL‑PEN TRAPS

(a)  Conditions of use.  A licensed controlled hunting preserve operator who releases pen‑raised quail for hunting or dog training purposes may, between September 1 and April 30, operate one or more quail call‑pen traps in accordance with the requirements of this Rule for the purpose of recovering any such quail that are not killed.

(b)  Location of Traps.  No quail call‑pen trap shall be located within 100 yards of any external boundary of the hunting preserve.

(c)  Identification of Traps. All traps shall have a weather-resistant permanent tag attached with the propagator’s name and address legibly written on it. 

 

History Note:        Authority G.S. 113‑134; 113‑291.1;

Eff. September 1, 1980;

Amended Eff. May 1, 2009; December 1, 1993; November 1, 1990; July 1, 1987;

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

 

15A NCAC 10H .0110      SUPPLEMENTAL FEEDING

A controlled hunting preserve operator may broadcast supplemental grain feed on the preserve.  Licensed hunters may take domestically‑raised pheasants, chukar partridges, Hungarian partridges, or other domestically raised upland game birds, except wild turkey, in supplemented areas.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. May 1, 2007;

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

 

SECTION .0200 ‑ SALE OF QUAIL FOR FOOD PURPOSES

 

15A NCAC 10H .0201      DEFINITIONS

15A NCAC 10H .0202      APPLICATION FOR PERMIT

15A NCAC 10H .0203      DISPLAY OF PERMIT

15A NCAC 10H .0204      TERM OF PERMIT: REVOCATION

15A NCAC 10H .0205      PERMIT NOT TRANSFERABLE

15A NCAC 10H .0206      ADVERTISING

15A NCAC 10H .0207      POSSESSION: SALE AND PURCHASE

15A NCAC 10H .0208      PROCESSING QUAIL FOR SALE

15A NCAC 10H .0209      TRANSPORTATION

15A NCAC 10H .0210      RECORDS

 

History Note:        Authority G.S. 113‑134; 113‑105.2;

Eff. February 1, 1976;

Repealed Eff. March 10, 1978.

 

SECTION .0300 - HOLDING WILDLIFE IN CAPTIVITY

 

15A NCAC 10H .0301      GENERAL REQUIREMENTS (effective until december 31, 2019)

(a)  Captivity Permit or License Required

(1)           Requirement.  The possession of any species of wild animal that is or once was native to this State or any species of wild bird, native or migratory, that naturally occurs or historically occurred in this State or any member of the family Cervidae is unlawful unless the institution or individual in possession obtains from the North Carolina Wildlife Resources Commission (Commission) a captivity permit or a captivity license as provided by this Rule.

(2)           Injured, Crippled or Orphaned Wildlife.  When an individual has taken possession of an injured, crippled or orphaned wild animal or wild bird, that individual shall contact the Commission within 24 hours of taking possession in order to apply for a captivity permit, provided, however, that under no circumstances shall an individual take possession of an injured, crippled or orphaned wild turkey, black bear, deer, elk or any other member of the family Cervidae except as described in Subparagraph (3) of this Paragraph.

(3)           Rehabilitation of white-tailed deer fawns.  An individual may apply to the Commission to become a permitted white-tailed deer fawn rehabilitator for the State of North Carolina.  Individuals deemed to be qualified according to this Section to rehabilitate injured or orphaned fawns may receive a captivity permit to possess fawns only for such a period of time as may be required for the rehabilitation and release of the fawns to the wild.  These captivity permits apply only to wild white-tailed deer fawns and are available only to individuals recognized by the Commission as white-tailed deer fawn rehabilitators.

(b)  Captivity Permit.  A captivity permit shall be requested by mail, phone, facsimile or electronic transmission or in person.  A captivity permit authorizes possession of the animal or bird only for such period of time as may be required for the rehabilitation and release of the animal or bird to the wild; or to obtain a captivity license as provided by Paragraph (c) of this Rule, if such a license is authorized; or to make a proper disposition of the animal or bird if the application for such license is denied, or when an existing captivity license is not renewed or is terminated.  Captivity permits shall not be issued for wild turkey, black bear, deer, elk or any other member of the family Cervidae except as described in Subparagraph (a)(3) of this Rule.

(c)  Captivity License.

(1)           The purpose of captivity license is to provide humane treatment for wild animals or wild birds that are unfit for release.  For purposes of this Rule, wild animals are considered "unfit" if they are incapacitated by injury or otherwise; if they are a non-native species that poses a risk to the habitat or to other species in that habitat; or if they have been rendered tame by proximity to humans to the extent that they cannot feed or care for themselves without human assistance.  Persons interested in obtaining a captivity license shall contact the Commission for an application.

(2)           Denial of captivity license.  Circumstances or purposes for which a captivity license shall not be issued include the following:

(A)          For the purpose of holding a wild animal or wild bird that was acquired unlawfully.

(B)          For the purpose of holding the wild animal or wild bird as a pet.  For purposes of this Rule, the term "pet" means an animal kept for amusement or companionship.  The term shall not be construed to include cervids held in captivity for breeding for sale to another licensed operator.

(C)          For the purpose of holding wild animals or wild birds for hunting in North Carolina.

(D)          For the purpose of holding wild turkey or black bear.

(E)           For the purpose of holding deer, elk or any other member of the family Cervidae, except current licenses which may be renewed as specified in Subparagraph (6) of this Paragraph.

(3)           Required Facilities.  No captivity license shall be issued until the applicant has constructed or acquired a facility for keeping the animal or bird in captivity that complies with the standards set forth in Rule .0302 of this Section and the adequacy of such facility has been verified on inspection by a representative of the Commission.

(4)           Term of License

(A)          Dependent Wildlife. If the wild animal or wild bird has been permanently rendered incapable of subsisting in the wild, the license authorizing its retention in captivity shall be an annual license terminating on December 31 of the year for which issued.

(B)          Rehabilitable Wildlife.  When the wild animal or wild bird is temporarily incapacitated, and may be rehabilitated for release to the wild, any captivity license that is issued shall be for a period less than one year as rehabilitation may require.

(C)          Concurrent Federal Permit.  No State captivity license for an endangered or threatened species or a migratory bird, regardless of the term specified, shall operate to authorize retention thereof for a longer period than is allowed by any concurrent federal permit that may be required for retention of the bird or animal.

(5)           Holders of Captivity License for cervids.

(A)          Inspection of records.  The licensee shall make all records pertaining to tags, licenses or permits issued by the Commission available for inspection by the Commission at any time during normal business hours, or at any time an outbreak of Chronic Wasting Disease (CWD) is suspected or confirmed within five miles of the facility or within the facility itself.

(B)          Inspection.  The licensee shall make all enclosures at each licensed facility and the record-book(s) documenting required monitoring of the outer fence of the enclosure(s) available for inspection by the Commission at any time during normal business hours, or at any time an outbreak of CWD is suspected or confirmed within five miles of the facility or within the facility itself.

(C)          Fence Monitoring Requirement.  The fence surrounding the enclosure shall be inspected by the licensee or licensee's agent once a week during normal weather conditions to verify its stability and to detect the existence of any conditions or activities that threaten its stability. In the event of severe weather or any other condition that presents potential for damage to the fence, inspection shall occur every three hours until cessation of the threatening condition, except that no inspection is required under circumstances that threaten the safety of the person conducting the inspection.

(D)          A record-book shall be maintained to record the time and date of the inspection, the name of the person who performed the inspection, and the condition of the fence at time of inspection. The person who performs the inspection shall enter the date and time of detection and the location of any damage threatening the stability of the fence.  If damage has caused the fence to be breachable, the licensee shall enter a description of measures taken to prevent ingress or egress by cervids.  Each record-book entry shall bear the signature or initials of the licensee attesting to the veracity of the entry.  The record-book shall be made available to inspection by a representative of the Commission upon request during normal business operating hours.

(E)           Maintenance. Any opening or passage through the enclosure fence that results from damage shall, within one hour of detection, be sealed or otherwise secured to prevent a cervid from escape.  Any damage to the enclosure fence that threatens its stability shall be repaired within one week of detection.

(F)           Escape.  When a licensee discovers the escape of any cervid from the facility, the licensee or designee shall report within 24 hours the escape to the Commission.  If possible, the escaped cervid shall be recaptured alive. If live recapture is not possible, the licensee shall request a wildlife take permit and take the escaped cervid pursuant to the terms of the permit.  A recaptured live cervid shall be submitted to the Commission for CWD testing using a test recognized by the Southeastern Cooperative Wildlife Disease Study unless the executive director determines that the risk of CWD transmission as a result of this escape is negligible based upon:

(i)            amount of time the escaped cervid remained out of the facility;

(ii)           proximity of the escaped cervid to wild populations;

(iii)          known susceptibility of the escaped cervid species to CWD;

(iv)          nature of the terrain in to which the cervid escaped.

(G)          Chronic Wasting Disease (CWD)

(i)            Detection.  Each licensee shall notify the Commission within 24 hours if any cervid within the facility exhibits clinical symptoms of CWD or if a quarantine is placed on the facility by the State Veterinarian.  All captive cervids that exhibit symptoms of CWD shall be tested for CWD.

(ii)           Cervid death.  The carcass of any captive cervid that was six months or older at time of death shall be transported and submitted by the licensee or his designee to a North Carolina Department of Agriculture diagnostic lab for CWD evaluation within 48 hours of the cervid's death, or by the end of the next business day, whichever is later.  Ear tags distributed by the Commission and subsequently affixed to the cervids as required by this Rule, may not be removed from the cervid's head prior to submitting the head for CWD evaluation.

(iii)          The Commission shall require testing or forfeiture of cervids from a facility holding cervids in this state should the following circumstances or conditions occur:

(I)            The facility has transferred a cervid that is received by a facility in which CWD is confirmed within five years of the cervid's transport date and that transferred cervid has tested positive for CWD or the test for CWD was inconclusive or the transferred cervid was no longer available for testing.

(II)          The facility has received a cervid that originated from a facility in which CWD has been confirmed within five years of the cervid's transport date and that received cervid has tested positive for CWD or the test for CWD was inconclusive or the received cervid was no longer available for testing.

(H)          Tagging Required.  Effective upon receipt of tags from the Commission, each licensee shall implement the tagging requirement using only the tags provided by the Commission as follows:

(i)            All cervids born within a facility shall be tagged by March 1 following the birthing season each year.

(ii)           All cervids transferred to a facility shall be tagged within five days of the cervid's arrival at the licensee's facility.  However, no cervids shall be transported from one facility to another unless both sending and receiving herds are certified according to 15A NCAC 10H .0304.

(I)            Application for Tags.

(i)            Application for tags for calves and fawns.  Application for tags for cervids born within a facility shall be made by the licensee by December 1 following the birthing season of each year.  The licensee shall provide the following information, along with a statement and licensee's signature verifying that the information is accurate:

(I)            Applicant name, mailing address, and telephone number;

(II)          Facility name and site address;

(III)        Captivity license number;

(IV)         Species of each cervid; and

(V)          Birth year of each cervid.

(ii)           Application for tags for cervids that were not born at the facility site shall be made by written request for the appropriate number of tags along with the licensee's application for transportation of the cervid, along with a statement and licensee's signature verifying that the information is accurate.  These tag applications shall not be processed unless accompanied by a completed application for transportation. However, no transportation permits shall be issued nor shall cervids be transported from one facility to another unless both sending and receiving herds are certified according to 15A NCAC 10H .0304.

(J)            Placement of Tags.

(i)            A single button ear tag provided by the Commission shall be permanently affixed by the licensee onto either the right or left ear of each cervid, provided that the ear chosen to bear the button tag shall not also bear a bangle tag, so that each ear of the cervid bears only one tag.

(ii)           A single bangle ear tag provided by the Commission shall be permanently affixed by the licensee onto the right or left ear of each cervid except Muntjac deer, provided that the ear bearing the bangle tag does not also bear the button tag, so that each ear of the cervid bears only one tag.  Muntjac deer are not required to be tagged with the bangle tag.

(iii)          Once a tag is affixed in the manner required by this Rule, it shall not be removed.

(K)          Reporting Tags Requirement.  For all cervids, except calves and fawns, the licensee shall submit a Cervidae Tagging Report within 30 days of receipt of the tags. Cervidae Tagging Reports for calves and fawns shall be submitted by March 1 following the birthing season each year.  A Cervidae Tagging Report shall provide the following information and be accompanied by a statement and licensee's signature verifying that the information is accurate:

(i)            Licensee name, mailing address, and telephone number;

(ii)           Facility name and site address, including the County in which the site is located;

(iii)          Captivity license number;

(iv)          Species and sex of each cervid;

(v)           Tag number(s) for each cervid; and

(vi)          Birth year of each cervid.

(L)           Replacement of Tags.  The Commission shall replace tags that are lost or unusable and shall extend the time within which a licensee shall tag cervids consistent with time required to issue a replacement.

(i)            Lost Tags.  The loss of a tag shall be reported to the Commission by the licensee and application shall be made for a replacement upon discovery of the loss. Application for a replacement shall include the information required by Part (c)(5)(I) of this Rule along with a statement and applicant's signature verifying that the information is accurate.  Lost tags shall be replaced on the animal by the licensee within 30 days of receipt of the replacement tag.

(ii)           Unusable Tags.  Tags that cannot be properly affixed to the ear of a cervid or that cannot be read because of malformation or damage to the tags or obscurement of the tag numbers shall be returned to the Commission along with an application for a replacement tag with a statement and applicant's signature verifying that the information in the application is accurate.

(6)           Renewal of captivity license for cervids.  Existing captivity licenses for the possession of cervids at existing facilities shall be renewed as long as the applicant for renewal has live cervids and continues to meet the requirements of this Section for the license.  Only licensees with Certified Herds, as defined in 15A NCAC 10H .0304, may request in their renewal applications to expand pen size or the number of pens on the licensed facility to increase the holding capacity of that facility.  No renewals shall be issued for a license that has been allowed to lapse due to the negligence of the former licensee.

(7)           Provision for licensing the possession of cervids in an existing facility.  A captivity license shall only be issued to an individual who is 18 years of age or older.  If the licensee of an existing facility voluntarily surrenders his or her captivity license, becomes incapacitated or mentally incompetent, or dies, a person who has obtained lawful possession of the facility from the previous licensee or that licensee's estate, may request that the existing captivity license be transferred to him or her to operate the existing facility.  Any license transferred under this provision shall be subject to the same terms and conditions imposed on the original licensee at the time of his or her surrender or death and shall be valid only for the purpose of holding the cervids of the existing facility within that existing facility.  In addition, any actions pending from complaint, investigation or other cause shall be continued notwithstanding the termination of the original license.

(d)  Nontransferable. No license or permit or tag issued pursuant to this Rule is transferable, either as to the holder or the site of a holding facility, except as provided in Subparagraph (c)(7) of this Rule.

(e)  Sale, Transfer or Release of Captive Wildlife.

(1)           It is unlawful for any person to transfer or receive any wild animal or wild bird that is being held under a captivity permit issued under Paragraph (b) of this Rule, except that any such animal or bird may be surrendered to an agent of the Commission.

(2)           It is unlawful for any person holding a captivity license issued under Paragraph (c) of this Rule to sell or transfer the animal or bird held under such license, except that such animal or bird may be surrendered to an agent of the Commission, and any such licensee may sell or transfer the animal or bird (except members of the family Cervidae) to another person who has obtained a license to hold it in captivity.  For animals in the family Cervidae, sale or transfer of animals is allowed only between Certified Herds, as defined in 15A NCAC 10H .0304.  Upon such a sale or transfer, the seller or transferor shall obtain a receipt for the animal or bird showing the name, address, and license number of the buyer or transferee, a copy of which shall be provided to the Commission.

(3)           It is unlawful for any person to release into the wild for any purpose or allow to range free:

(A)          any species of deer, elk or other members of the family Cervidae, or

(B)          any wolf, coyote, or other non-indigenous member of the family Canidae, or

(C)          any member of the family Suidae.

(f)  Transportation Permit.

(1)           Except as otherwise provided herein, no transportation permit is required to move any lawfully held wild animal or wild bird within the State.

(2)           No person shall transport black bear or Cervidae for any purpose without first obtaining a transportation permit from the Commission.

(3)           Except as provided in Subparagraph (f)(4) of this Rule, no transportation permits shall be issued for deer, elk, or other species in the family Cervidae except into and between Certified Herds as defined in 15A NCAC 10H .0304.

(4)           Cervid Transportation.  A permit to transport deer, elk, or other species in the family Cervidae may be issued by the Commission to an applicant for the purpose of transporting the animal or animals for export out of state, to a slaughterhouse for slaughter, from a Certified Herd to another Certified Herd as defined in 15A NCAC 10H .0304, or to a veterinary medical facility for treatment provided that the animal for which the permit is issued does not exhibit clinical symptoms of Chronic Wasting Disease. No person shall transport a cervid to slaughter or export out of state without bearing a copy of the transportation permit issued by the Commission authorizing that transportation.  No person shall transport a cervid for veterinary treatment without having obtained approval from the Commission as provided by Part (f)(4)(D) of this Rule.  Any person transporting a cervid shall present the transportation permit to any law enforcement officer or any representative of the Commission upon request, except that a person transporting a cervid by verbal authorization for veterinary treatment shall provide the name of the person who issued the approval to any law enforcement officer or any representative of the Commission upon request.

(A)          Slaughter.  Application for a transportation permit for purpose of slaughter shall be submitted in writing to the Commission and shall include the following information along with a statement and applicant's signature verifying that the information is accurate:

(i)            Applicant name, mailing address, and telephone number;

(ii)           Facility site address;

(iii)          Captivity license number;

(iv)          Name, address, county and phone number of the slaughter house to which the cervid will be transported;

(v)           Vehicle or trailer license plate number and state of issuance of the vehicle or trailer used to transport the cervid;

(vi)          Name and location of the North Carolina Department of Agriculture Diagnostic lab where the head of the cervid is to be submitted for CWD testing;

(vii)         Date of transportation;

(viii)        Species and sex of each cervid; and

(ix)          Tag number(s) for each cervid.

(B)          Exportation.  Nothing in this rule shall be construed to prohibit the lawful exportation of a member of the family Cervidae for sale out of state.  Application for a transportation permit for purpose of exportation out of state shall be submitted in writing to the Commission and shall include the following information along with a statement and applicant's signature verifying that the information is accurate:

(i)            Applicant's name, mailing address and telephone number;

(ii)           Facility site address;

(iii)          Captivity license number;

(iv)          Vehicle or trailer license plate number and state of issuance of the vehicle or trailer used to transport the cervid;

(v)           Name, site address, county, state and phone number of the destination facility to which the cervid is exported;

(vi)          A copy of the importation permit from the state of the destination facility that names the destination facility to which the animal is to be exported;

(vii)         Date of departure;

(viii)        Species and sex of each cervid; and

(ix)          Tag number(s) for each cervid.

(C)          Between herds.  Application for a transportation permit for purpose of moving a cervid from one Certified Herd to another Certified Herd, as defined in 15A NCAC 10H .0304, shall be submitted in writing to the Commission and shall include the following information along with a statement and applicant's signature verifying that the information is accurate:

(i)            Applicant's name, mailing address and telephone number;

(ii)           Facility site address;

(iii)          Captivity license number;

(iv)          Vehicle or trailer license plate number and state of issuance of the vehicle or trailer used to transport the cervid;

(v)           Name, site address, county, and phone number of the destination facility to which the cervid is moved;

(vi)          Date of departure;

(vii)         Species and sex of each cervid; and

(viii)        Tag number(s)for each cervid.

(D)          Veterinary treatment.  No approval shall be issued for transportation of a cervid to a veterinary clinic out of the state of North Carolina, or for transportation from a facility out of the state of North Carolina to a veterinary clinic in North Carolina.  An applicant from a North Carolina facility seeking to transport a cervid for veterinary treatment to a facility within North Carolina shall contact the Wildlife Telecommunications Center or the Wildlife Management Division of the Commission to obtain verbal authorization to transport the cervid to a specified veterinary clinic and to return the cervid to the facility.  Verbal approval to transport a cervid to a veterinary clinic shall authorize transport only to the specified veterinary clinic and directly back to the facility, and shall not be construed to permit intervening destinations.  To obtain verbal authorization to transport, the applicant shall provide staff of the Commission the applicant's name and phone number, applicant's facility name, site address and phone number, the cervid species, sex and tag numbers, and the name, address and phone number of the veterinary facility to which the cervid shall be transported. Within five days of transporting the cervid to the veterinary facility for treatment, the licensee shall provide the following information in writing to the Commission, along with a statement and applicant's signature verifying that the information is correct:

(i)            Applicant's name, mailing address and telephone number;

(ii)           Facility name and site address;

(iii)          Captivity license number;

(iv)          Vehicle or trailer license plate number and state of issuance of the vehicle or trailer used to transport the cervid;

(v)           Date of transportation;

(vi)          Species and sex of each cervid;

(vii)         Tag number(s) for each cervid;

(viii)        Name, address and phone number of the veterinarian and clinic that treated the cervid;

(ix)          Symptoms for which cervid received treatment; and

(x)           Diagnosis of veterinarian who treated the cervid.

(g)  Slaughter at cervid facility.  Application for a permit for purpose of slaughter at the cervid facility shall be submitted in writing to the Commission and shall include the following information along with a statement and applicant's signature verifying that the information is accurate:

(1)           Applicant name, mailing address, and telephone number;

(2)           Facility site address;

(3)           Captivity license number;

(4)           Name and location of the North Carolina Department of Agriculture Diagnostic lab where the head of the cervid is to be submitted for CWD testing;

(5)           Date of slaughter;

(6)           Species and sex of each cervid; and

(7)           Tag number(s) for each cervid.

Permits or authorization may not be sold or traded by the licensee to any individual for the hunting or collection of captive cervids.  Only the licensee may kill a cervid within the cervid enclosure.

 

History Note:        Authority G.S. 106-549.97(b); 113-134; 113-272.5; 113-272.6; 113-274;

Eff. February 1, 1976;

Amended Eff. April 1, 1991; September 1, 1990; June 1, 1990; July 1, 1988;

Temporary Amendment Eff. October 8, 2002; May 17, 2002(this temporary rule replaced the permanent rule approved by RRC on June 21, 2001 to become effective in July 2002); July 1, 2001;

Amended Eff. May 1, 2010; May 1, 2008; December 1, 2005; August 1, 2004;

Temporary Amendment Eff. December 2, 2014;

Temporary Amendment Expired September 11, 2015;

Temporary Amendment Eff. February 27, 2015;

Temporary Amendment Expired December 11, 2015.

 

15A NCAC 10H .0301      GENERAL REQUIREMENTS (effective January 1, 2020)

 

History Note:        Authority G.S. 106-549.97(b); 113-134; 113-272.5; 113-272.6; 113-274;

Eff. February 1, 1976;

Amended Eff. April 1, 1991; September 1, 1990; June 1, 1990; July 1, 1988;

Temporary Amendment Eff. October 8, 2002; May 17, 2002(this temporary rule replaced the permanent rule approved by RRC on June 21, 2001 to become effective in July 2002); July 1, 2001;

Amended Eff. May 1, 2010; May 1, 2008; December 1, 2005; August 1, 2004;

Temporary Amendment Eff. December 2, 2014;

Temporary Amendment Expired September 11, 2015;

Temporary Amendment Eff. February 27, 2015;

Temporary Amendment Expired December 11, 2015;

Repealed Eff. January 1, 2020.

 

15A NCAC 10H .0302      MINIMUM STANDARDS (effective until december 31, 2019)

(a)  Exemptions.  Publicly financed zoos, scientific and biological research facilities, and institutions of higher education that were granted an exemption by the Commission from the standards of this Rule prior to December 1, 2005 are exempt from the standards set forth in this Rule for all birds and animals except the black bear so long as the captivity license in effect on that date has not expired or been revoked.

(b)  With the exception of those entities named in Paragraph (a) of this Rule who have received exemption from the Commission, all holders of captivity licenses shall comply with the following requirements:

(1)           Deer, Elk and other species of the family Cervidae

(A)          Enclosure.  The enclosure shall be on a well-drained site containing natural or manmade shelter for shade.  The minimum size of the enclosure for all cervids except Muntjac deer shall be not less than one-half acre for the first three animals and an additional one-fourth acre for each additional animal held provided that no more than 25 percent shall be covered with water.  At no time shall the number of cervids in the enclosure exceed the number allowed by the captivity license, except that fawns and calves shall not count towards the total number of cervids in a facility from the time they are born until March 1 of the following year.  The enclosure shall be surrounded by a fence of sufficient strength and design to contain the animal under any circumstances, at least eight feet high, and dog-proof to a height of at least six feet.  For enclosures exclusively holding Muntjac deer, the minimum pen size shall be 800 square feet for the first three animals and 200 square feet for each additional animal.  No exposed barbed wire, nails, or other protrusions that may cause injury to the animal shall be permitted within the enclosure.  Captive cervids shall not be contained within or allowed to enter a place of residence.

(B)          Sanitation and Care.  Licensees shall provide an ample supply of clear water and salt at all times.  Food shall be placed in the enclosure as needed, but not less than three times weekly. An effective program for the control of insects, ectoparasites, disease, and odor shall be established and maintained.  The animal(s) shall be protected against fright or harm from other animals.

(2)           Wild Boars

(A)          Enclosure.  The enclosure shall be on a site containing trees or brush for shade.  The minimum size of the enclosure shall be not less than one-half acre for the first three animals and an additional one-fourth acre for each additional animal held.  The enclosure shall be surrounded by a fence at least five feet high and of sufficient strength to contain the animals. No exposed barbed wire or protruding nails shall be permitted within the enclosure.  A roofed building large enough to provide shelter in both a standing or a lying position for each boar must be provided.  This building shall be closed on three sides.  A pool of water for wallowing or a sprinkler system shall be provided on days when heat could cause stress to the animal(s).

(B)          Sanitation and Care.  Licensees shall provide an ample supply of clear water at all times. Food shall be placed in the enclosure as needed, but in any case, not less than three times weekly. An effective program for the control of insects, ectoparasites, disease, and odor shall be established and maintained.

(3)           Wild Birds

(A)          Enclosure.  The enclosure shall be large enough for the bird or birds to assume all natural postures.  The enclosure shall be designed in such a way that the birds cannot injure themselves and are able to maintain a natural plumage.  Protection from sun, weather, and predators shall also be provided.

(B)          Sanitation and Care.  The cage shall be kept clean, dry, and free from molded or damp feed. Ample food and clean water shall be available at all times.

(4)           Alligators

(A)          Enclosure.  The enclosure shall be surrounded by a fence of sufficient strength to contain the animals and that shall prevent contact between the observer and alligator.  The enclosure shall contain a pool of water large enough for the animal to completely submerge itself.  If more than one animal is kept, the pool must be large enough for all animals to be able to submerge themselves at the same time.  A land area with both horizontal dimensions at least as long as the animal shall also be provided.  In case of more than one animal, the land area shall have both horizontal dimensions at least as long as the longest animals to occupy the land area at the same time without overlap.

(B)          Sanitation and Care.  The water area shall be kept clean and food adequate to maintain good health provided.  Protection shall be provided at all times from extremes in temperature that could cause stress to the animal.

(5)           Black Bear

(A)          Educational Institutions and Zoos Operated or Established by Governmental Agencies

(i)            Enclosure.  A permanent, stationary metal cage, at least eight feet wide by 12 feet long by six feet high and located in the shade or where shaded during the afternoon hours of summer, is required.  The cage shall have a concrete floor in which a drainable pool one and one-half feet deep and not less than four by five feet has been constructed.  The bars of the cage shall be of iron or steel at least one-fourth inch in diameter, or heavy gauge steel chain link fencing may be used.  The gate shall be equipped with a lock or safety catch, and guard rails shall be placed outside the cage so as to prevent contact between the observer and the caged animal.  The cage must contain a den at least five feet long by five feet wide by four feet high and so constructed as to be easily cleaned.  A "scratch log" shall be placed inside the cage.  The cage shall be equipped with a removable food trough.  Running water shall be provided for flushing the floor and changing the pool.

(ii)           Sanitation and Care.  Food adequate to maintain good health shall be provided daily; and clean, clear drinking water shall be available at all times.  The floor of the cage and the food trough shall be flushed with water and the water in the pool changed daily.  The den shall be flushed and cleaned at least once each week in hot weather.  An effective program for the control of insects, ectoparasites, disease, and odor shall be established and maintained.  Brush, canvas, or other material shall be placed over the cage to provide additional shade when necessary for the health of the animal.  The use of collars, tethers or stakes to restrain the bear is prohibited, except as a temporary safety device.

(B)          Conditions Simulating Natural Habitat.  Black bears held in captivity by other than educational institutions or governmental zoos shall be held without caging under conditions simulating a natural habitat.  All of the following conditions must exist to simulate a natural habitat in a holding facility:

(i)            The method of confinement is by chain link fence, wall, moat, or a combination of such, without the use of chains or tethers.

(ii)           The area of confinement is at least one acre in extent for one or two bears and an additional one-eighth acre for each additional bear.

(iii)          Bears are free, under normal conditions, to move throughout such area.

(iv)          At least one-half of the area of confinement is wooded with living trees, shrubs and other perennial vegetation capable of providing shelter from sun and wind.

(v)           The area of confinement contains a pool not less than one and one-half feet deep and not less than four by five feet in size.

(vi)          Provision is made for a den for each bear to which the bear may retire for rest, shelter from the elements, or respite from public observation.

(vii)         The area of confinement presents an overall appearance of a natural habitat and affords the bears protection from harassment or annoyance.

(viii)        Provisions are made for food and water that are adequate to maintain good health and for maintenance of sanitation.

(ix)          The applicant shall document that the applicant owns or has a lease of the real property upon which the holding facility is located, provided that if the applicant is a lessee, the lease is for a duration of at least five years from the point of stocking the facility.

(6)           Cougar

(A)          Educational or scientific research institutions and zoos supported by public funds.

(i)            Enclosure.  A permanent, stationary metal cage, at least nine feet wide by 18 feet long by nine feet high and located in the shade or where shaded during the afternoon hours of summer, is required.  The cage shall have a concrete floor.  The bars of the cage shall be of iron or steel at least one-fourth inch in diameter, or heavy gauge steel chain link fencing may be used.  The gate shall be equipped with a lock or safety catch, and guard rails shall be placed outside the cage so as to prevent contact between the observer and the caged animal.  The cage shall contain a den at least five feet long by five feet wide by four feet high and so constructed as to be easily cleaned.  A "scratch log" shall be placed inside the cage.  The cage shall be equipped with a removable food trough.  Running water shall be provided for flushing the floor and changing the pool.

(ii)           Sanitation and Care.  Food adequate to maintain good health shall be provided daily; and clean, clear drinking water shall be available at all times.  The floor of the cage and the food trough shall be flushed with water and the water in the pool changed as necessary to maintain good health of the animal.  The den shall be flushed and cleaned at least once each week.  An effective program for the control of insects, ectoparasites, disease, and odor shall be established and maintained. Brush, canvas, or other material shall be readily available to be placed over the cage to provide additional shade when necessary.  The use of collars, tethers or stakes to restrain the cougar is prohibited, except as a temporary safety device.

(B)          Cougars held in captivity by other than educational or scientific institutions or publicly supported zoos shall be held without caging under conditions simulating a natural habitat. Applicants for a captivity license to hold cougar shall apply to the Commission on forms provided by the Commission, and shall provide plans that describe how the applicant's facility will comply with the requirement to simulate a natural habitat.  All of the following conditions must exist to simulate a natural habitat in a holding facility.

(i)            The method of confinement is by chain link fence, without the use of chains or tethers, provided that:

(I)            Nine gauge chain link fencing shall be at least 12 feet in height with a four foot fence overhang at a 45 degree angle on the inside of the pen to prevent escape from climbing and jumping.

(II)          Fence posts and at least six inches of the fence skirt shall be imbedded in a six inch wide by one foot deep concrete footer to prevent escape by digging.

(ii)           The area of confinement shall be at least one acre for two cougars with an additional one-eighth acre for each additional cougar.  If, following a site evaluation, the Commission determines that terrain and topographical features offer sufficient escape, cover and refuge, and meet all other specifications, and that the safety and health of the animal(s) will not compromised, smaller areas shall be permitted.

(iii)          Cougars shall be free under normal conditions to move throughout the area of confinement.

(iv)          At least one-half of the area of confinement shall be wooded with living trees, shrubs and other perennial vegetation capable of providing shelter from sun and wind; and a 20 foot wide strip along the inside of the fence shall be maintained free of trees, shrubs and any other obstructions which could provide a base from which escape through leaping could occur.

(v)           The area of confinement shall contain a pool not less than one and one-half feet deep and not less than four by five feet in size.

(vi)          Each cougar shall be provided a den to which the cougar may retire for rest, shelter from the elements, or respite from public observation.  Each den shall be four feet wide by four feet high by four feet deep.  Each den shall be enclosed entirely within at least an eight feet wide by ten feet deep by 12 feet high security cage.  The security cage shall be completely within the confines of the facility, cement-floored, shall have nine gauge fencing on all sides and the top, and shall have a four foot, 45 degree fence overhang around the outside top edge to prevent cougar access to the top of the security cage.

(vii)         The area of confinement shall protect the cougar from harassment or annoyance.

(C)          Provisions shall be made for maintenance of sanitation and for food and water adequate to maintain good health of the animal(s).

(D)          The applicant shall document that the applicant owns or has a lease of the real property upon which the holding facility is located, provided that if the applicant is a lessee, the lease is for a duration of at least five years from the point of stocking the facility.

(7)           Other Wild Animal Enclosures.

(A)          General Enclosure Requirements.

(i)            The enclosure shall provide protection from free ranging animals and from sun or weather that could cause stress to the animals.

(ii)           A den area in which the animal can escape from view and large enough for the animal to turn around and lie down shall be provided for each animal within the enclosure.

(iii)          No tethers or chains shall be used to restrain the animal.

(iv)          Either a tree limb, exercise device, or shelf large enough to accommodate the animal shall be provided to allow for exercise and climbing.

(v)           Sanitation and Care.  Fresh food shall be provided daily, and clean water shall be available at all times.

(vi)          An effective program for the control of insects, ectoparasites, disease, and odor shall be established and maintained.

(B)          Single Animal Enclosures for certain animals.  The single-animal enclosure for the animals listed in this Subparagraph shall be a cage with the following minimum dimensions and horizontal areas:

 

                                                                Dimensions in Feet

 

Animal                                                   Length                   Width                     Height                    Per Animal

 

Bobcat, Otter                                        10                           5                              5                              50

Raccoon, Fox, Woodchuck                 8                           4                              4                              32

Opossum, Skunk, Rabbit                     6                           3                              3                              18

Squirrel                                                    4                           2                              2                                8

 

(C)          Single Enclosure Requirements for animals not mentioned elsewhere in this Rule.  For animals not listed above or mentioned elsewhere in this Rule, single animal enclosures shall be a cage with one horizontal dimension being at least four times the nose-rump length of the animal and the other horizontal dimension being at least twice the nose-rump length of the animal.  The vertical dimensions shall be at least twice the nose-rump length of the animal. Under no circumstances shall a cage be less than four feet by two feet by two feet.

(D)          Multiple Animal Enclosures.  The minimum area of horizontal space shall be determined by multiplying the required square footage for a single animal by a factor of 1.5 for one additional animal and the result by the same factor, successively, for each additional animal. The vertical dimension for multiple animal enclosures shall remain the same as for single animal enclosures.

(E)           Young animals.  The young of any animal may be kept with the parent in a single-animal enclosure only until weaning.  After weaning, if the animals are kept together, the requirements for multiple-animal enclosures apply.

 

History Note:        Authority G.S. 19A-11; 106-549.97(b); 113-134; 113-272.5, 113-272.6;

Eff. February 1, 1976;

Amended Eff. December 1, 1990; June 1, 1990; July 1, 1988; November 9, 1980;

Temporary Amendment Eff. October 8, 2002;

Amended Eff. May 1, 2010; December 1, 2005; August 1, 2004;

Temporary Amendment Eff. February 27, 2015;

Temporary Amendment Expired December 11, 2015.

 

15A NCAC 10H .0302      MINIMUM STANDARDS (effective January 1, 2020)

 

History Note:        Authority G.S. 19A-11; 106-549.97(b); 113-134; 113-272.5, 113-272.6;

Eff. February 1, 1976;

Amended Eff. December 1, 1990; June 1, 1990; July 1, 1988; November 9, 1980;

Temporary Amendment Eff. October 8, 2002;

Amended Eff. May 1, 2010; December 1, 2005; August 1, 2004;

Temporary Amendment Eff. February 27, 2015;

Temporary Amendment Expired December 11, 2015;

Repealed Eff. January 1, 2020.

 

15A NCAC 10H .0303      FORFEITURE (effective until december 31, 2019)

(a)  The Executive Director of the Wildlife Resources Commission may issue a warning or revoke the holder's permit or license and a holder of a permit or license to keep wildlife in captivity may forfeit the right to keep that wildlife, lose custody of that wildlife, and be required to turn that wildlife over to a representative of the Wildlife Resources Commission upon request of the Commission as authorized by G.S. 150B-3 and G.S. 113-276.2. The determination whether to issue a warning or revoke a license or permit and require forfeiture shall be based upon the seriousness of the violation.  Violations include but are not limited to the following circumstances or conditions:

(1)           The licensee or permitee fails to maintain the captive animal or bird in good health or to treat conditions that warrant medical attention.  Chronic or acute instances of the following that are untreated may be considered evidence that the licensee is failing to keep the animal or bird in good health: 

(A)          weakness or instability in balance;

(B)          bare spots in fur or feather covering that do not result from that animal's behavior;

(C)          diarrhea;

(D)          abnormally low weight;

(E)           unusual nasal discharges;

(F)           sores or open wounds; or

(G)          injury to muscles or bones.

(2)           The permitee or licensee fails to provide accurate information on records or permit or license applications submitted to the Wildlife Resources Commission.

(3)           The licensee of a facility holding captive cervid(s) fails to comply with tagging requirements for cervids as provided by rules in this Section.

(4)           The licensee of a facility holding captive cervid(s) fails to comply with requirements for maintaining the enclosure fence as provided by rules in this Section.

(5)           The licensee fails to comply with monitoring or record-keeping requirements as provided by rules in this Section.

(6)           The permitee or licensee fails to keep in captivity the wildlife for which the facility is licensed.

(7)           The licensee of a facility holding captive cervid(s) fails to permit the Wildlife Resources Commission to inspect the licensed facility or records as provided by rules in this Section.

(b)  The Executive Director of the Wildlife Resources Commission shall revoke the holder's permit or license and a holder of a permit or license to keep wildlife in captivity shall forfeit the right to keep that wildlife, lose custody of that wildlife and be required to turn that wildlife over to a representative of the Wildlife Resources Commission upon request of the Commission under any of the following circumstances or conditions:

(1)           The licensee of a facility holding captive cervid(s) fails to report symptoms of chronic wasting disease in a cervid to the Wildlife Resources Commission as provided by rule(s) in this Section;

(2)           The licensee of a facility holding captive cervid(s) fails to transport and submit a cervid carcass to a North Carolina Department of Agriculture diagnostic lab for CWD evaluation within 48 hours of that cervid's death or close of the next business day, whichever is later, as provided by rule(s) in this Section;

(3)           A cervid in possession of the licensee has been transported without a permit; or

(4)           Chronic Wasting Disease has been confirmed in a cervid at that facility.

 

History Note:        G.S. 106-549.97(b); 113-131; 113-134; 113-272.5; 113-276.2; 113-292; 150B-3;

Eff. February 1, 1976;

Amended Eff. February 7, 1979;

Temporary Amendment Eff. October 8, 2002;

Amended Eff. August 1, 2004.

 

15A NCAC 10H .0303      FORFEITURE (effective january 1, 2020)

 

History Note:        G.S. 106-549.97(b); 113-131; 113-134; 113-272.5; 113-276.2; 113-292; 150B-3;

Eff. February 1, 1976;

Amended Eff. February 7, 1979;

Temporary Amendment Eff. October 8, 2002;

Amended Eff. August 1, 2004;

Repealed Eff. January 1, 2020.

 

15A NCAC 10H .0304      CAPTIVE CERVID HERD CERTIFICATION program (effective until december 31, 2019)

(a)  The Wildlife Resources Commission has established this Captive Cervid Herd Certification Program in order to prevent the introduction of Chronic Wasting Disease (CWD) into North Carolina and reduce the potential for spread of CWD while allowing transportation of cervids from herds in which CWD has not been detected for at least five years, in accordance with the requirements in this Section.  Only licensees with Certified Herds as defined in Paragraph (e) of this Rule may request to expand their pen size to accommodate additional cervids and transport cervids within North Carolina for purposes other than those specified in 15A NCAC 10H .0301(f)(4).  Licensees with Certified Herds may also import cervids from a herd in which CWD has not been detected for at least five years and has been managed using standards equivalent to, or more stringent than, the criteria specified in 15A NCAC 10H .0301 and 15A NCAC 10H .0302.  The individual U.S. or Mexican state or territory, Canadian province or other country of origin must have CWD monitoring requirements that are at least as stringent as those described in this Section.  The originating individual U.S. or Mexican state's or territory's, Canadian province's or other country's CWD monitoring program must be jointly reviewed by Wildlife Resources Commission and Department of Agriculture and Consumer Services personnel before approval of any importation of cervids into North Carolina.  There shall be no importation from individual U.S. or Mexican states or territories, Canadian provinces or other countries in which CWD has been detected, either in a wild or captive herd.

(b)  Enrollment qualifications.  Only captive cervid herds held under a valid captivity license are eligible for enrollment in the Captive Cervid Herd Certification Program. Licensees shall comply with all captivity license requirements outlined in this Section and the rules and laws regulating possession, transportation and importation of cervids in order to remain in the Captive Cervid Herd Certification Program.

(c)  Enrollment application.  Each individual holding a current and valid Captivity License for cervids may apply to be enrolled in the Captive Cervid Herd Certification Program.  All applications shall be in writing on a form supplied by the Commission.  The Commission shall deny an application if:

(1)           the licensee has not complied with all the requirements under the captivity license statutes and all rules pertaining to the holding of cervids in captivity and the transportation or importation of cervids resulting in a failed inspection report for the licensee's most recent inspection; or a pending citation;

(2)           the licensee has provided false information; or

(3)           CWD has been confirmed in a cervid at the licensee's facility.

(d)  Enrollment dates.  The enrollment date is:

(1)           the first date upon official inspection, documented by Wildlife Resources Commission and Department of Agriculture and Consumer Services personnel, on which the licensee has complied with all captivity rules and statutes that pertain to cervids, including tagging, provided that the licensee has continued to comply with these regulations; or

(2)           the date on which a waiver was issued by the Wildlife Resources Commission Executive Director under the conditions set forth in 15A NCAC 10A .1101(a) that brought the licensee into compliance assuming that there were no other compliance actions pending, provided that the licensee has continued to comply with the captive cervid regulations.

This date may be retroactive but may extend back no earlier than the date Wildlife Resources Commission and Department of Agriculture and Consumer Services personnel documented that the licensee came into compliance with all captivity rules and statutes related to holding cervids in captivity, including tagging of all cervids.

(e)  Certified herd.  When a herd is enrolled in the Captive Cervid Herd Certification Program, it shall be placed in First Year status.  If the herd continues to meet the requirements of the Captive Cervid Herd Certification Program, each year on the anniversary of the enrollment date the herd status shall be upgraded by one year.  One year from the date a herd is placed in Fifth Year status, the herd status shall be changed to Certified, and the herd shall remain in Certified status as long as it is enrolled in the Captive Cervid Herd Certification Program, provided its status is not lost or suspended without reinstatement as described in Paragraph (f).

(f)  Herd status

(1)           A Certified Herd or any herd enrolled in the program shall have its status suspended or reduced if:

(A)          the licensee fails to comply with any of the ongoing requirements for captive cervid licenses as identified in 15A NCAC 10H .0301;

(B)          the licensee violates any other North Carolina law or rule related to captive cervids;

(C)          an animal in the herd exhibits clinical signs of CWD;

(D)          an animal in the herd can be traced back to a herd with an animal exhibiting clinical signs of CWD; or

(E)           the herd is quarantined by the State Veterinarian.

(2)           A Certified Herd or any herd enrolled in the program shall lose its status if:

(A)          an animal in the herd can be traced back to a herd in which CWD has been detected;

(B)          CWD is detected in an animal in the herd; or

(C)          the licensee loses his or her license.

The Wildlife Resources Commission shall review cases of suspended status upon request.  A Certified Herd with suspended status may regain its status if the licensee corrects within 30 days the deficiency under which the status was suspended or, in the case of suspected CWD, the disease was not detected in the suspect animal.

(g)  Inspection.  If an inspection of the captive cervids is needed as a part of certification, including reinstating a suspended status, the licensee is responsible for assembling, handling and restraining the captive cervids and all costs incurred to present the animals for inspection.

 

History Note:        Authority G.S. 106-549.97(b); 113-134; 113-272.5; 113-272.6; 113-274; 113-292;

Eff. May 1, 2010;

Temporary Amendment Eff. February 27, 2015;

Temporary Amendment Expired December 11, 2015.

 

15A NCAC 10H .0304      CAPTIVE CERVID HERD CERTIFICATION program (effective January 1, 2020)

 

History Note:        Authority G.S. 106-549.97(b); 113-134; 113-272.5; 113-272.6; 113-274; 113-292;

Eff. May 1, 2010;

Temporary Amendment Eff. February 27, 2015;

Temporary Amendment Expired December 11, 2015;

Repealed Eff. January 1, 2020.

 

SECTION .0400 ‑ COMMERCIAL TROUT PONDS

 

15A NCAC 10H .0401      LICENSE REQUIRED

15A NCAC 10H .0402      APPLICATION FOR LICENSE: TERM

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. February 1, 1976;

Amended Eff. January 1, 1981;

Repealed Eff. July 1, 1988.

 

15A NCAC 10H .0403      COMMERCIAL TROUT FISHING PONDS

15A NCAC 10H .0404      SEASON AND CREEL LIMIT

15A NCAC 10H .0405      QUALITY OF FISH RELEASED IN POND

15A NCAC 10H .0406      RECORDS KEPT BY POND OWNER

15A NCAC 10H .0407      COMMERCIAL TROUT HOLDING PONDS

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. February 1, 1976;

Amended Eff. August 1, 1988; September 1, 1983; August 1, 1983; January 1, 1981;

Repealed Eff. September 1, 1994.

 

15A NCAC 10H .0408      REVOCATION OF LICENSE

 

History Note:        Authority G.S. 113‑134; 113‑273; 113‑276.2;

Eff. February 1, 1976;

Amended Eff. January 1, 1981;

Repealed Eff. July 1, 1988.

 

SECTION .0500 ‑ SALE OF GAME FISH OTHER THAN TROUT FROM PRIVATE PONDS

 

15A NCAC 10H .0501      LICENSE REQUIRED

15A NCAC 10H .0502      APPLICATION FOR LICENSE

15A NCAC 10H .0503      TERMS OF LICENSE

15A NCAC 10H .0504      RESPONSIBILITIES OF LICENSEE

15A NCAC 10H .0505      RESPONSIBILITIES OF PURCHASER

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. February 1, 1976;

Repealed Eff. January 1, 1981.

 

SECTION .0600 ‑ PRIVATELY OWNED PUBLIC HUNTING GROUNDS

 

15A NCAC 10H .0601      RENEW

15A NCAC 10H .0602      DEFINITIONS

15A NCAC 10H .0603      PURPOSE

15A NCAC 10H .0604      REQUIREMENTS

15A NCAC 10H .0605      COOPERATIVE AGREEMENT

15A NCAC 10H .0606      POSTING

15A NCAC 10H .0607      HUNTING PERMITS: FORMS

15A NCAC 10H .0608      APPLICATION OF STATE LAW

15A NCAC 10H .0609      RESPONSIBILITY OF HUNTERS

 

History Note:        Authority G.S. 113‑134; 113‑264; 113‑291.2; 113‑305; 113‑306;

Eff. September 25, 1976;

Repealed Eff. February 1, 1987.

 

SECTION .0700 ‑ FISH PROPAGATION

 

15A NCAC 10H .0701      LICENSE REQUIRED

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. January 1, 1979;

Amended Eff. August 1, 1988;

Repealed Eff. January 1, 1996.

 

15A NCAC 10H .0702      APPLICATION FOR AND TERM OF LICENSE

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. January 1, 1979;

Amended Eff. January 1, 1981;

Repealed Eff. July 1, 1988.

 

15A NCAC 10H .0703      TYPE OF FACILITY

15A NCAC 10H .0704      DISPLAY OF LICENSE

15A NCAC 10H .0705      ACQUISITION OF FISH OR EGGS

15A NCAC 10H .0706      INSPECTION OF FACILITIES

15A NCAC 10H .0707      SALE OF FISH OR EGGS

15A NCAC 10H .0708      RECORDS

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. January 1, 1979;

Amended Eff. July 1, 1988; August 1, 1983;

Repealed Eff. January 1, 1996.

 

15A NCAC 10H .0709      REVOCATION AND NONRENEWAL OF LICENSE

 

History Note:        Authority G.S. 113‑134; 113‑273; 113‑276.2;

Eff. January 1, 1979;

Amended Eff. January 1, 1981;

Repealed Eff. July 1, 1988.

 

SECTION .0800 - FALCONRY

 

15A NCAC 10H .0801      DEFINITIONS

(a)  In addition to the definitions contained in G.S. 113-130, as used in 15A NCAC 10B .0216 and in this Section, the following definitions apply:

(1)           "Falconry permit" or "permit" means a falconry permit or license issued by another state, tribe, or territory that has been approved by the U.S. Fish and Wildlife Service, as meeting the federal falconry standards in 50 CFR 21.29.

(2)           "Falconry license" means the annual special purpose falconry license required by G.S. 113-270.3(b)(4) and referenced in the rules of this Section.

(3)           "State" means the State of North Carolina, except when the context indicates reference to another state of the United States.

(4)           "Commission" means the North Carolina Wildlife Resources Commission.

(5)           "Executive Director" means the Executive Director of the North Carolina Wildlife Resources Commission.

(6)           "Bred in captivity" or "captive-bred" means raptors hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

(7)           "Raptor" means a live migratory bird of the Order Accipitriformes, Order Falconiformes, or the Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus).

(8)           "Wild-caught" and "wild" raptors means any free-ranging wild raptor held in captivity regardless of its length of captivity or ownership changes in accordance with 50 CFR 21.29(f)(1).

(b)  For this Section, 50 CFR 21.29 is hereby incorporated by reference, including all subsequent amendments and editions. 50 CFR 21.29 may be found free of charge at: www.ecfr.gov.

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012; May 1, 2007; May 1, 1995; August 1, 1988; February 1, 1985;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0802      PERMIT AND LICENSE REQUIREMENTS

(a)  Non-residents of this State shall not take, possess, transport, or import a raptor for falconry purposes or practice falconry in this State without first obtaining the following:

(1)           a falconry license or permit from a state, tribe, or territory that has been approved by the U.S. Fish and Wildlife Service as meeting federal falconry standards; and

(2)           a North Carolina falconry license as required by G.S. 113-270.3(b)(4), unless traveling through North Carolina with no intention of practicing falconry while in North Carolina.

(b)  Residents of this State shall not take, possess, transport, or import a raptor for falconry purposes or practice falconry in this State without having first obtained a North Carolina falconry license.

(c)  A North Carolina resident who holds a falconry license issued by the Commission may transport his or her raptors into or through other states, tribal lands, and territories for use in falconry, and shall observe all laws and regulations of such states governing the possession and transportation of raptors and the practice of falconry.

(d)  In addition to criminal penalties for violation provided by federal law and state statute, licenses shall be subject to suspension or revocation in accordance with applicable state and federal law.

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012; July 1, 1998;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0803      APPLICATION FOR license

(a)  Any individual who wishes to take raptors or to practice falconry in this State shall apply for a falconry license from the Commission, at www.ncwildlife.org, by providing the following information: applicant's name, residence address, date of birth, and facility address, if applicable. Applicants shall either have passed the examination as described in Rule .0804 of this Section, or provide proof of a valid falconry permit or license from another state, provided the state that issued the falconry permit or license has been approved by the U.S. Fish and Wildlife Service.

(b)  Individuals who have relocated to North Carolina have 60 days from the date of relocation to apply for a North Carolina falconry license. Until his or her license is issued by the Commission, the individual may keep any lawfully obtained raptors in facilities described in Rule .0808 of this Section, and may practice falconry provided he or she has a permit or license from a state, tribe, or territory that has been approved by the U.S. Fish and Wildlife Service.

(c)  Apprentice license applications shall include a letter from a sponsor as described in 50 CFR 21.29(c)(2)(i)(C).

(d)  General license applications shall include a letter from a General or Master falconer as described in 50 CFR 21.29(c)(2)(ii)(C).

(e)  Any application submitted by an individual less than 18 years of age shall be co-signed by that individual's parent or legal guardian. The parent or legal guardian is responsible for the underage falconer's activities.

(f)  A falconer with an expired license may apply for a new license at his or her previous level, provided the license has not been expired for more than five years, and the falconer can show he or she has previously met the requirements for the level of license sought. A falconer whose license has been expired for more than five years may apply for a new license, but he or she shall pass the examination described in Rule .0804 of this Section and pass a facility inspection described in Rule .0808 of this Section, in order to be reinstated at his or her previous level. He or she shall provide records showing the requirements for the level of license sought have been previously met.

(g)  Applications shall be accompanied by a fee in the amount of ten dollars ($10.00).

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0804      EXAMINATION

(a)  Prior to applying for a falconry license, an applicant shall successfully pass, with a score of at least 80 percent, a falconry examination administered by the Commission, as detailed in 50 CFR 21.29(c).

(b)  The examination is not required of any applicant who holds a valid permit from another state, tribe, or territory that has been approved by the U.S. Fish and Wildlife Service.

(c)  The examination shall not be required for license renewal, provided the license has not been expired for more than five years.

(d)  The cost for taking the examination is ten dollars ($10.00).

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0805      DURATION OF License

A falconry license shall be valid upon issuance and expires on June 30 of each year.

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012;

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

Amended Eff. February 1, 2018.

 

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

(a)  A licensee may transfer a wild-caught raptor to another licensee if no money, goods, or services are exchanged. A licensee may purchase, sell, trade, or barter any lawfully possessed raptor that is bred in captivity under a federal raptor propagation permit and banded with a numbered seamless marker issued by the Commission, provided that the parties involved in the transaction are authorized to possess the raptor under this Section, 50 CFR 21, or the foreign country of his or her residence or domicile, in accordance with 50 CFR 21.29(f)(15).

(b)  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).

(c)  A licensee shall not take, possess, or transport a raptor in violation of the restrictions, conditions, and requirements of the CFR 21.29, G.S. 113-270.3, and this Section.

(d)  Upon the death of a licensee, any lawfully held raptors shall be transferred in accordance with 50 CFR 21.29(f)(21).

(e)  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 shall be reported to the U.S. Fish and Wildlife Service, as set forth in 50 CFR 21.29(e)(6).

(f)  Dead birds shall be disposed of in a manner described in 50 CFR 21.29(f)(13).

 

History Note:        Authority G.S. 113-134; 113-270.3(b)(4); 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;

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0807      levels OF Licenses

(a)  Falconry licenses shall be issued at three levels based upon the age and experience of the falconer.

(b)  Apprentice level falconry licenses shall be subject to the conditions, requirements, and limitations set forth in 50 CFR 21.29(c)(2)(i). In addition to the requirements of 50 CFR 21.29(c)(2)(i), the following conditions apply:

(1)           the apprentice's sponsor shall live within 200 miles of the apprentice;

(2)           a sponsor shall not have more than three apprentices at any one time; and

(3)           a sponsor shall provide written notification to the Commission when he or she decides to stop sponsoring an apprentice. The Commission shall notify the apprentice, who must obtain another sponsor and notify the Commission within 90 days.

(A)          If after the 90-day period, the apprentice fails to obtain another sponsor, the disposition of the raptor(s) shall be determined on a case-by-case basis by the Commission and may include release or transfer to another licensed falconer, and the apprentice's license shall be suspended.

(B)          If after 180 days, the apprentice fails to obtain another sponsor, the Commission shall revoke his or her license and he or she shall be required to reapply for an apprentice license.

(c)  General level falconry licenses shall be subject to the conditions, requirements, and limitations set forth in 50 CFR 21.29(c)(2)(ii).

(d)  Master level falconry licenses shall be subject to conditions, requirements, and limitations set forth in 50 CFR 21.29(c)(2)(iii).

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012; May 1, 1995; May 1, 1991; February 1, 1985;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0808      FACILITIES AND EQUIPMENT

(a)  Prior to initial issuance of a North Carolina falconry license to a resident of North Carolina, the applicant's raptor housing facilities and falconry equipment shall be inspected and approved by a representative of the Commission as meeting the standards set forth in this Rule. Applicants shall have indoor or outdoor holding facilities as described in Paragraph (b) of the Rule. Applicants may have both types of facilities.

(b)  The applicant shall have holding facilities meeting the following standards, regardless of whether the facilities are located on property owned by the licensee or owned by another:

(1)           All facilities shall conform to the standards in 50 CFR 21.29(d)(1)(ii)(A).

(2)           Indoor facilities shall conform to the standards in 50 CFR 21.29(d)(1)(ii)(B). In addition to the incorporated CFR, the mew shall have a door that allows access for maintenance, that is securable inside and outside, and closes automatically. Mews shall be located away from disturbance and shade shall be provided. The floor of the mew shall allow for cleaning and drainage. The interior of the mew shall be free of obstructions that could be injurious to the raptor. Any lighting fixtures shall be shielded or otherwise protected.

(3)           Outdoor facilities shall conform to the standards in 50 CFR 21.29(d)(1)(ii)(D). In addition to the incorporated CFR, covers or roofs shall not be less than seven feet high. The enclosed area shall be large enough to ensure the raptor cannot strike the sides, cover, or roof of the enclosure when flying from the perch. The floor of the weathering area shall allow for drainage to prevent standing water. At least two perches shall be provided for the raptor.

(4)           Raptors may be brought inside a human dwelling as needed to address health, training, and safety issues. The residence shall conform to the standards in 50 CFR 21.29(d)(1)(ii)(C).

(5)           A licensee may have his or her raptors outside in the open under the conditions set forth in 50 CFR 21.29(d)(1)(iii).

(c)  Licensees shall possess the equipment listed in 50 CFR 21.29(d)(3).

(d)  All facilities and equipment shall be maintained at or above the standards contained in Paragraphs (b) and (c) of this Rule at all times.

(e)  A raptor may be transported or held in temporary facilities as described in 50 CFR 21.29(d)(4) and (5).

(f)  A licensee may leave his or her raptors in the care of another person subject to the restrictions in 50 CFR 21.29(d)(6) and (7).

(g)  A licensee shall inform the Commission within five business days if he or she moves his or her facilities.

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012; May 1, 1995; April 1, 1991;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0809      BANDING AND MARKING

(a)  All peregrine falcons (Falco peregrinus), gyrfalcons (Falco rusticolus), Harris's hawks (Parabuteo unicinctus), and goshawks removed from the wild or acquired from a falconer or rehabilitator for falconry purposes shall be banded as set forth in 50 CFR 21.29(c)(6)(i).

(b)  Raptors bred in captivity shall be banded as set forth in 50 CFR 21.29(c)(6)(ii).

(c)  Loss or removal of any band shall be reported to the Commission within five days of the loss and shall be replaced as described in 50 CFR 21.29(c)(6)(iii).

(d)  No person shall counterfeit, alter, or deface any band required by this Rule, except that licensees may remove the rear tabs on bands and may smooth any surface imperfections, provided the integrity of the bands and numbering are not affected.

(e)  A raptor removed from the wild shall not be marked with a seamless numbered band.

(f)  A falconer may request and receive a band exemption from the Commission for a raptor with documented health problems or injuries caused by a band, but shall adhere to the restrictions set forth in 50 CFR 21.29(c)(6)(v).

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012; April 1, 1991; July 1, 1988;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0810      TAKING RAPTORS

(a)  No raptor shall be taken from the wild in this State except by an individual holding a current falconry license as defined in Rule .0801 of this Section, or a falconry permit or license from the individual's state of residence if the individual is a non-resident of North Carolina. Falconers may only take species of raptors from the wild that are authorized under their level of permit or license. If a falconer captures an unauthorized species of raptor or other bird, he or she must release that bird immediately upon capture.

(b)  All levels of licensees may take up to two raptors from the wild annually, subject to the conditions and restrictions set forth in 50 CFR 21.29(e)(2). Apprentices may keep only one bird at a time.

(c)  Apprentices may take any species of raptor from the wild except for those species specified in 50 CFR 21.29 (c)(2)(i)(E).

(d)  Any raptor native to this State may be taken from the wild subject to the restrictions on species and license level as follows:

(1)           Only persons holding General or Master level falconry licenses may take nestlings. Nestlings may only be taken from May 1 through June 30. No more than two nestlings may be taken by the same licensee. At least one nestling shall be left in the nest or aerie.

(2)           First year (passage) birds may be taken from August 1 through the last day of February, except that marked raptors may be retrapped at any time.

(3)           American kestrels (Falco sparverius) and great horned owls (Bubo Virginianus) may only be taken when over one year old. Only General and Master falconers may take this age class in accordance with 50 CFR 21.29(e)(3)(i). The time period for taking is from August 1 through the last day of February.

(4)           Only General and Master falconers may take a federally threatened species and the falconer shall follow the restrictions in 50 CFR 21.29(e)(3)(ix).

(5)           A falconer shall obtain a North Carolina endangered species permit before taking any raptors listed in 15A NCAC 10I .0103, 15A NCAC 10I .0104, or 15A NCAC 10I .0105. Furthermore, a falconer shall possess a special hunt permit to take a passage peregrine falcon (Falco peregrinus tundrius).

(e)  Traps shall be designed to prevent injury to the raptor. All traps except box-type traps shall be attended and visible to the trapper at all times when in use. Box-type traps must be checked every 24 hours. Traps must be of one of the following types:

(1)           Leg noose snare traps, the nooses of which shall be tied to prevent the noose from locking when under pressure. The trapper shall use a drag weight based on the species being trapped.

(2)           Nets that collapse on and enclose around the raptor.

(3)           Box-type traps with automatic closing entry doors or funnels.

(f)  Licensees may recapture their own birds or any birds wearing falconry equipment at any time. Disposition of banded birds, captive-bred birds, and birds wearing falconry equipment is as allowed in accordance with 50 CFR 21.29(e)(3)(iv)-(v).

(g)  Licensees shall keep their license on their person when trapping raptors.

(h)  Raptors injured due to falconry trapping efforts shall be treated humanely and in accordance with 50 CFR 21.29(e)(5).

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012; July 1, 1998;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0811      OTHER RESTRICTIONS AND CONDITIONS

(a)  Every falconer shall carry his or her license on his or her person when conducting any falconry activities away from approved facilities as described in Rule .0808 of this Section.

(b)  Visitors to the United States may practice falconry under the conditions set forth in 50 CFR 21.29(f)(14).

(c)  A licensee may take his or her raptors to another country to practice falconry under the conditions set forth in 50 CFR 21.29(f)(15).

(d)  A licensee who practices falconry in the vicinity of a federally listed species shall avoid take of the listed species as described in 50 CFR 21.29(f)(17).

(e)  If a licensee's raptor unintentionally takes a species, the licensee may allow his or her bird to feed on the prey, but shall not take the species into his or her possession.

(f)  Feathers that are molted may be retained and exchanged by falconry licensees only for imping purposes or otherwise disposed of as set forth in 50 CFR 21.29(f)(12).

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0812      INTERSTATE TRANSPORTATION

 

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

Eff. September 1, 1979;

Amended Eff. January 1, 2012;

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

Repealed Eff. February 1, 2018.

 

15A NCAC 10H .0813      RAPTOR PROPAGATION PERMIT

 

History Note:        Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29;

Eff. February 1, 1994;

Amended Eff. July 1, 1994;

Repealed Eff. January 1, 2012.

 

15A NCAC 10H .0814      Release of Raptors and moving raptors to another LICENSE OR permit

(a)  Non-native and hybrid raptors shall not be released into the wild. Native, captive-bred birds may only be released upon written request and approval from the Commission and under the conditions set forth in 50 CFR 21.29(e)(9)(ii).

(b)  Native wild birds may be released into the wild under the conditions set forth in 50 CFR 21.29(e)(9)(iii).

(c)  Wild-caught birds may be transferred to another type of license or permit under the conditions set forth in 50 CFR 21.29(f)(5).

(d)  Captive-bred birds may be transferred to another type of license or permit under the conditions set forth in 50 CFR 21.29(f)(6).

(e)  Hacking and other training and conditioning techniques are allowed under conditions set for in 50 CFR 21.29(f)(2) and (3).

 

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

Eff. January 1, 2012;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .0815      other uses and allowed activities

(a)  Raptors may be used in captive propagation as allowed under 50 CFR 21.29(f)(7).

(b)  General and Master falconers may use raptors in conservation education programs as set forth in 50 CFR 21.29(f)(8). Other educational uses of raptors are restricted to those allowed in 50 CFR 21.29(f)(9).

(c)  General and Master falconers may use raptors in abatement activities under the conditions set forth in 50 CFR 21.29(f)(11).

(d)  General and Master falconers may assist in raptor rehabilitation under the conditions set forth in 50 CFR 21.29(f)(10).

(e)  Licensees may take bird species for which there is a federal depredation order by means of falconry in accordance with 50 CFR 21.29(f)(20).

 

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

Eff. January 1, 2012;

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

Amended Eff. February 1, 2018.

 

section .0900 – game bird propagators

 

15A NCAC 10H .0901      GAME BIRD PROPAGATION LICENSE

The game bird propagation license authorizes the purchase, possession, propagation, sale, transportation and release of propagated upland game birds, except wild turkey, migratory game birds and their eggs, subject to the following limitations and conditions:

(1)           The sale of dead pen‑raised quail for food is governed by the regulations of the North Carolina Department of Agriculture;

(2)           The possession, sale, and transfer of migratory game birds is subject to additional requirements contained in Title 50 of the Code of Federal Regulations.

(3)           No propagation license shall be issued for wild turkeys.

 

History Note:        Authority G.S. 106‑549.94; 113‑134; 113‑273; 50 C.F.R., Part 21;

Eff. January 1, 1981;

Amended Eff. July 1, 1988; July 1, 1987;

Temporary Amendment Eff. July 1, 2001;

Amended Eff. June 1, 2005; July 18, 2002.

 

15A NCAC 10H .0902      APPLICATION FOR AND TERM OF LICENSE

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. January 1, 1981;

Repealed Eff. July 1, 1988.

 

15A NCAC 10H .0903      ACQUISITION OF BIRDS OR EGGS

A game bird propagator license under this Section shall take no birds or eggs from the wild for the purpose of propagation or sale, but may purchase or acquire live game birds, or the eggs thereof, from any other licensed game bird propagator.  Upon such acquisition, he shall obtain a copy of a receipt or other written evidence of the transaction showing the date, the names and license numbers of both parties, and the species and quantity of the game birds, or eggs, so acquired.  This receipt shall be retained by the licensee as part of his records as provided by Rule .0906 of this Section.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. January 1, 1981.

 

15A NCAC 10H .0904      DISPOSITION OF BIRDS OR EGGS

(a)  Diseased Birds.  No game bird propagator licensed under this Section shall knowingly sell or otherwise transfer possession of any live game bird that shows evidence of any communicable disease, except that such transfer may be made to a veterinarian or pathologist for examination and diagnosis.  Disposition of any game bird having a communicable disease in a manner not likely to infect wild game bird populations is the responsibility of the licensee.

(b)  Sale of Live Birds or Eggs.  Subject to the limitations set forth in Rule .0901 of this Section, any healthy game birds which are authorized to be propagated under this Section, or the eggs thereof, may be sold or transferred alive by any licensed game bird propagator to any other licensed game bird propagator.  Licensed game bird propagators may also sell or transfer healthy live game birds to licensed controlled shooting preserve operators or to any person who holds a valid state license or permit to possess the same.  Upon any such sale or transfer, a receipt or other written evidence of the transaction shall be prepared in duplicate showing the date, the names and license or permit numbers of both parties, and the species and quantity of the game birds or eggs transferred.  A copy of such receipt or writing shall be retained by each of the parties as a part of his records as provided by Rule .0906 of this Section.  Any live migratory waterfowl sold or transferred to any person for use in training retrievers or conducting retriever trials must be marked by one of the methods provided by 50 C.F.R. 21.13.  Each pheasant sold or transferred for such purposes shall be banded prior to the transfer with a metal leg band which is imprinted with the number of the propagator's license.

(c)  Sale of Dead Game Birds as Food.  Subject to the limitations and conditions indicated in Rule .0901 of this Section and to any applicable laws and regulations relating to pure foods, public health and advertising, game birds produced by game bird propagators licensed under this Section may be killed at any time in any manner, except by shooting during the closed season on the species concerned, and sold for food purposes as provided by the following Subparagraphs:

(1)           Sale Direct to Consumer.  Unprocessed dead game birds may be sold directly to a consumer when accompanied by a receipt showing the name of the consumer, the name and license number of the propagator, and the quantity and species of the game birds sold.  A copy of such receipt shall be retained by the propagator as part of his records.  No such bird shall be resold by any such consumer.

(2)           Sale To or Through a Processor.  Game birds may be sold to any commercial food processor who holds a permit to possess them or delivered to such a processor for processing and packaging prior to sale.  In either case, the transfer shall be evidenced by a duplicate receipt identifying the processor by name and permit number and the propagator by name and license number, and indicating the number and species of birds transferred.  A copy of such receipt shall be retained by each of the parties as part of his records.  The processed carcasses of the birds shall be enclosed in a wrapper or container on the outside of which is indicated the number and species of birds contained, the license number of the propagator, and the fact that such birds were domestically raised.  When so packaged, such processed game birds may be sold at wholesale or at retail through ordinary channels of commerce.  This Paragraph does not apply to dead quail marketed for food purposes under the regulations of the North Carolina Department of Agriculture.

(3)           The eggs of propagated game birds may not be sold for food purposes.

 

History Note:        Authority G.S. 113-134; 113-273; 50 C.F.R., Part 21.13;

Eff. January 1, 1981;

Amended Eff. August 1, 2010; May 1, 2008; June 1, 2005.

 

15A NCAC 10H .0905      TRANSPORTATION

(a)  Live Game Birds or Eggs

(1)           Private Carriers.  Live propagated game birds or the eggs thereof may be transported by private carrier when accompanied by a copy of receipt required by Rule .0903 or Rule .0904(b) or (c)(2) of this Section.

(2)           Common Carriers.  When live propagated game birds or the eggs thereof are transported by common carrier, each separate container shall be tagged or labeled to show the name, address and license number of the shipping propagator, the name, address and license or permit number of the consignee, and the number and species of game birds or eggs contained therein.

(b)  Dead Game Birds

(1)           Private Consumers.  Unprocessed dead game birds may be transported by consumers or hunters when accompanied by a copy of the receipt from a licensed game bird propagator required by Rule .0904(c)(1) of this Section or by a copy of the receipt from a controlled shooting preserve operator required by 15A NCAC 10H .0105.

(2)           Processed Game Birds.  The carcasses of processed propagated game birds other than quail may be transported in any manner when packaged in a wrapper or container marked as required by Rule .0904(c)(2) of this Section.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. January 1, 1981;

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

 

15A NCAC 10H .0906      RECORDS

Each licensed game bird propagator shall maintain a chronological file of receipts or copies thereof showing the dates and sources of acquisition of game birds and their eggs and the species and quantities thereof as required by Rule .0903 of this Section, and a chronological file of copies of receipts showing all transfers of propagated game birds, except dead quail sold for food purposes, and their eggs as required by Rule .0904 of this Section.  Such records shall be segregated as to each license year, shall be made available for inspection by any authorized agent of the Wildlife Resources Commission, and shall be retained for at least one year following the close of the license year to which they pertain.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. January 1, 1981;

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

 

15A NCAC 10H .0907      QUAIL CALL‑PEN TRAPS

Any licensed game bird propagator who raises quail and who wishes to release live pen‑raised quail on his premises for dog training purposes may use quail call‑pen traps for the purpose of recovering such quail subject to the following restrictions:

(1)           All traps shall have a weather-resistant permanent tag attached with the propagator's name and address written legibly on it;

(2)           No such trap shall be located with 100 yards of any outside boundary of the premises;

(3)           All quail released for dog training shall be banded; and

(4)           No unbanded quail caught in any such trap shall be retained.

 

History Note:        Authority G.S. 113‑134; 113‑273; 113‑291.1;

Eff. January 1, 1981;

Amended Eff. May 1, 2009; July 1, 1987;

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

 

SECTION .1000 ‑ TAXIDERMY

 

15A NCAC 10H .1001      TAXIDERMY LICENSE

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. March 1, 1981;

Repealed Eff. July 1, 1988.

 

15A NCAC 10H .1002      DUTY OF A TAXIDERMIST

(a)  Prior to a taxidermist accepting delivery of wildlife that has been taken in North Carolina or in any other state, he or she shall make a reasonable effort to determine that the wildlife was lawfully taken. The taxidermist may rely upon the statement of the person delivering the wildlife or upon any applicable license or permit that provides verification of entitlement to take or possess the wildlife in question.

(b)  A taxidermist may accept delivery of wildlife resources killed accidentally or found dead of natural causes as specified by 15A NCAC 10B .0127 for taxidermy purposes.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. March 1, 1981;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .1003      RECORDS

(a)  Licensed taxidermists shall keep records of each wildlife specimen delivered and contained within his or her place of business. Records shall include:

(1)           the species and sex of the specimen;

(2)           the date the specimen was delivered;

(3)           the name and address of the person delivering the specimen;

(4)           the name and address of the person responsible for take of the specimen, if different;

(5)           the date and location of the take;

(6)           the big game harvest authorization number, if applicable; and

(7)           the date and disposition of the mounted specimen.

Records shall be maintained chronologically by the date the specimen was delivered. Records shall be retained by the taxidermist for one year following expiration of the taxidermy license and shall be made available for inspection by any agent of the Wildlife Resources Commission.

(b)  The records required by the United States Fish and Wildlife Service under its taxidermy permit regulations for migratory game birds, as set forth in 50 CFR 21.24, which is hereby incorporated by reference including subsequent amendments and editions, shall satisfy this Rule, and can be accessed at no cost at www.ecfr.gov.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. March 1, 1981;

Amended Eff. September 1, 1989;

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

Amended Eff. February 1, 2018.

 

15A NCAC 10H .1004      PURCHASE AND SALE OF WILDLIFE

(a)  Except as provided in this Rule, it shall be unlawful for any taxidermist to purchase or sell wildlife.

(b)  Wildlife resources that have been lawfully killed and that may be lawfully bought, sold, and possessed may be purchased and sold by a taxidermist without any restriction other than the records required by Rule .1003 of this Section.

(c)  Lawfully acquired specimens of fur‑bearing animals, bobcats, opossum, and raccoon taken by hunting, may be purchased for taxidermy purposes and sold as mounted specimens. A Fur-Dealer License, as specified in G.S. 113-273, shall be required to purchase furs for resale.

(d)  No game or game fish that has been mounted, other than bobcats, opossum, and raccoon taken by hunting, may be purchased or sold, except that a mounted specimen of game or game fish, for which a taxidermist has acquired a possessory lien by reason of labor or materials furnished in the mounting thereof, may be sold in satisfaction of the lien as provided by Article 1 of 44A of the General Statutes of North Carolina. Upon the sale of a mounted specimen authorized by this Paragraph, the taxidermist shall prepare a receipt showing the name and address of the purchaser. The receipt shall be provided to the purchaser as evidence of the transaction and right to possess the specimen, and a copy shall be retained by the taxidermist for his or her records in accordance with Rule .1003 of this Section.

(e)  Nothing in this Rule shall prevent a taxidermist from obtaining parts of lawfully acquired game by gift, trade, or purchase from any other taxidermist or person, provided that a record is maintained of all such exchanges that identifies the article and includes the name and address of the taxidermist or person from whom the article was obtained. No part of any black bear shall be bought or sold under this Paragraph. Parts of game acquired under this Paragraph shall be used only for taxidermy purposes and shall not be resold.

(f)  The mounted specimens of commercially‑raised game fish or pen‑raised game birds may be sold under authority of the taxidermy license, provided that records are maintained by the taxidermist showing the source of all commercially‑raised game fish or pen‑raised game birds that are to be mounted, including the name, address, and propagation license number of the supplier. Upon sale of a mounted specimen of a commercially‑raised game fish or pen‑raised game bird, the taxidermist shall prepare a receipt for the purchaser's records, as evidence of the transaction and right to possess the specimen. A copy of the receipt shall be maintained as a part of the taxidermist's records.

 

History Note:        Authority G.S. 113‑134; 113‑273; 113-291.3(b); 113‑292;

Eff. March 1, 1981;

Amended Eff. December 1, 1983;

Readopted Eff. February 1, 2018.

 

15A NCAC 10H .1005      TAXIDERMY PRESERVATION FACILITY

(a)  A taxidermist may utilize an off-site preservation facility to provide storage for wildlife specimens accepted for taxidermy purposes.

(b)  Individuals operating a preservation facility for a licensed taxidermist shall be listed on the taxidermist's annual license. The taxidermist shall provide the operator of each listed preservation facility with a copy of the annual taxidermy license to serve as a permit authorizing the facility to possess wildlife owned by another.

(c)  Preservation facility operators shall not be authorized to process, skin, or conduct any taxidermy activities.

(d)  Before a taxidermist delivers and stores wildlife in a preservation facility, he or she shall ascertain that the wildlife was lawfully taken in accordance with Rule .1002 of this Section and shall keep written records as specified in Rule .1003 of this Section.

(e)  The preservation facility and its records shall be accessible for inspection by any agent of the Wildlife Resources Commission.

(f)  It shall be the responsibility of the taxidermist to ensure that each preservation facility listed on his or her license is operated in compliance with this Section.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. September 1, 1989;

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

Amended Eff. February 1, 2018.

 

SECTION .1100 ‑ FURBEARER PROPAGATION

 

15A NCAC 10H .1101      APPLICATION FOR LICENSE

Application for a license to propagate any species of furbearing animal or red foxes (Vulpes vulpes, including all color phases) for use as fur shall be made to the Wildlife Resources Commission on a form which is available from the Commission upon request.  All pertinent information required on the application form shall be filled in to include the nature and name of the applying entity, mailing address, telephone number, species of animal to be propagated, and physical location of the propagation facility.  The application must be accompanied by the annual license fee in the amount of twenty‑five dollars ($25.00) and mailed or otherwise delivered to the Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh, North Carolina 27611.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. April 1, 1986;

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

 

15A NCAC 10H .1102      LICENSE AUTHORIZATION

The furbearer propagation license authorizes the breeding of the species designated thereon, the acquisition of live specimens obtained from lawful sources, the raising of same to maturity for the production of marketable fur, and the selling of domestically produced furs to licensed fur dealers.  The furbearer propagation license authorizes the buying and selling of live specimens of the animals from or to a holder of either a furbearer propagation license or a captivity license.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. April 1, 1986;

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

 

15A NCAC 10H .1103      POSTING AND DISPLAY OF LICENSE

The furbearer propagation license shall be conspicuously posted and displayed at the propagation facility at all times during which the facility is in use for the propagation of furbearers.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. April 1, 1986;

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

 

15A NCAC 10H .1104      CAGES

(a)  Types of Cages.  Cages for holding the animals being propagated shall be of two types:

(1)           Breeder cages shall be used to hold a pair of animals for breeding and to hold the female and her litter from the time the litter is born until weaning;

(2)           Pelter cages shall be used only to hold single animals.

(b)  Sizes of Cages.  The minimum dimensions of cages in depth (d), width (w) and height (h) measured in feet shall be as follows depending on the species of animals being held:

 

SPECIES                               BREEDER CAGE               PELTER CAGE

(d x w x h)                             (d x w x h)

 

Beaver                                   3 x 6 x 2.5                             3 x 4 x 2.5

Bobcat                                   3 x 6 x 2.5                             3 x 4 x 2.5

Fox                                         3 x 6 x 2.5                             2.5 x 4 x 2.5

Mink                                      2 x 3 x 1.5                             2 x 2 x 1.5

Nutria                                     3 x 3 x 2.0                             3 x 2 x 2.0

Opossum                               3 x 3 x 2.0                             3 x 2 x 2.0

Otter                                       3 x 5 x 1.5                             3 x 3 x 1.5

Raccoon                                3 x 4 x 2.0                             3 x 2 x 2.0

Skunk                                    3 x 3 x 1.5                             3 x 2 x 1.5

Weasel                                   2 x 2 x 1.5                             1 x 2 x 1.5

 

(c)  Cage Construction.  The cages must be sturdily constructed of appropriate materials sufficient to retain the animals without tethers or chains, which may be used to restrain the animals only during the transfer of the animals from one cage to another.  Cages must be provided with den areas in which the animals can retire from view and which are large enough to permit the animals to turn around and lie down.

(d)  Cage Arrangement.  All cages must be maintained within a larger escape‑proof enclosure that must also be designed to prevent access by domestic dogs and cats.  The cages must provide protection of the animals from excess exposure to the sun and inclement weather.  The cages must be solidly based at least two feet above ground or floor level to facilitate cleaning.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. April 1, 1986;

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

 

15A NCAC 10H .1105      SANITATION AND CARE

Clean water must be made available to the animals at all times.  Fresh food shall be provided daily.  An effective program for control of insects, ectoparasites, disease and odor shall be established and maintained.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. April 1, 1986;

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

 

15A NCAC 10H .1106      HUMANE TREATMENT

No act or omission shall be allowed to occur nor any circumstance to continue which shall result in the infliction of unnecessary harassment or physical discomfort on any furbearing animals or fox.  The killing of the animal in preparation for marketing the fur shall be by a method which is quick and effective to the end that the animal is not subjected to prolonged harassment or physical abuse.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. April 1, 1986.

 

15A NCAC 10H .1107      RECORDS

The licensee shall maintain accurate records reflecting the numbers and species of furbearing animals or foxes acquired, the dates and sources of acquisition, the numbers of animals produced by breeding and the numbers successfully raised for market, and the numbers of animals or pelts sold or otherwise disposed of together with the dates of disposition and the identities of the recipients.  Such records shall be maintained on a calendar year basis concurrent with the license year and shall be retained on the licensed premises for at least one year following the year to which they pertain.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. April 1, 1986;

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

 

15A NCAC 10H .1108      INSPECTIONS

The records required by Rule .1107 of this Section and the physical facilities of the licensee shall be made available for inspection by authorized agents of the Wildlife Resources Commission at any time during business hours.

 

History Note:        Authority G.S. 113‑134; 113‑273;

Eff. April 1, 1986;

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

 

SECTION .1200 ‑ CONTROLLED FOX HUNTING PRESERVES

 

15A NCAC 10H .1201      LICENSE TO OPERATE

(a)  It shall be unlawful for any individual, firm, association or corporation to operate a controlled fox hunting preserve without first obtaining from the North Carolina Wildlife Resources Commission a license for this purpose. 

(b)  A controlled fox hunting preserve license shall entitle the holder or holders and their guests, to hunt foxes and coyotes at any time within the fenced area.  Controlled fox hunting preserve licenses shall not be transferable, either as to operator or as to site of operation

(c)  Applicants shall be prepared to show proof of ownership of the land contained in the proposed controlled fox hunting preserve or that they have this land under lease for the duration of the license period.  Applications for controlled fox hunting preserve licenses shall be made on forms obtained from the Commission.

(d) Upon receipt of an application accompanied by the statutory fee, the Commission shall issue a license, provided it is determined that the location and operation of such a hunting preserve is consistent with the wildlife conservation program and in the public interest; and further provided that all regulations herein regarding establishment of such areas have been complied with. 

 

History Note:        Authority G.S. 113‑134; 113‑273(g);

Eff. August 1, 1990;

Amended Eff. June 1, 2004.

 

15A NCAC 10H .1202      ESTABLISHMENT AND OPERATION

(a)  Size of Preserve.  Controlled fox hunting preserves operated for commercial purposes shall be an area of not less than 500 acres except that smaller areas containing terrain and topographical features which offer escape cover to the fox and coyote populations are allowed under specific approval by the Wildlife Resources Commission.

(b)  Boundary of Preserve.  A controlled fox hunting preserve must be enclosed with a dog‑proof fence that is also designed to prevent the escape of foxes and coyotes released within the pen.  This fencing must be maintained at all times.

(c)  Stocking Preserve With Game:

(1)           In addition to purchasing live foxes and coyotes as provided in G.S. 113‑273(g), operators of controlled fox hunting preserves may also purchase live foxes and coyotes from licensed controlled fox hunting preserves, licensed North Carolina fur propagators, or persons holding foxes legally under a North Carolina wildlife captivity license.

(2)           Licensed controlled fox hunting preserve operators may hold legally obtained foxes and coyotes under rules that apply to a captivity license and may transport legally acquired foxes and coyotes from the place of purchase to the controlled fox hunting preserve.

(3)           Foxes and coyotes may not be imported into North Carolina for release into controlled fox hunting preserves.

(4)           The release of exotic wildlife into the controlled fox hunting preserves is specifically prohibited.

(5)           The possession of exotic wildlife on controlled fox hunting preserves is specifically prohibited.

 

History Note:        Authority G.S. 113‑134; 113‑273(g);

Eff. August 1, 1990;

Amended Eff. June 1, 2004.

 

15A NCAC 10H .1203      QUALITY OF FOXES AND COYOTES RELEASED

All foxes and coyotes purchased or raised for release on controlled fox hunting preserves shall be healthy and free from disease of any kind.  An examination and inspection of the foxes and coyotes by the Wildlife Resources Commission may be conducted at any time.  All dead foxes and coyotes, except those killed by dogs during a hunt, or diseased foxes and coyotes found within the pen shall be submitted to a North Carolina Department of Agriculture diagnostic lab for diagnosis.  A copy of the diagnostic report shall be mailed to the Wildlife Resources Commission.  Possession of unhealthy or diseased foxes and coyotes shall be grounds for revocation or denial of a controlled fox hunting preserve license.  The Commission may quarantine any controlled fox hunting preserve where contagious diseases are located.

 

History Note:        Authority G.S. 113‑134; 113‑273(g);

Eff. August 1, 1990;

Amended Eff. June 1, 2004.

 

15A NCAC 10H .1204      RECORDS REQUIRED

An accurate record including bill of sale for all foxes and coyotes released into the controlled fox hunting preserve shall be maintained and available for inspection by officials of the North Carolina Wildlife Resources Commission at all times.

 

History Note:        Authority G.S. 113‑134; 113‑273(g);

Eff. August 1, 1990;

Amended Eff. June 1, 2004.

 

15A NCAC 10H .1205      HUNTING LICENSE REQUIRED

Every person hunting on a controlled fox hunting preserve shall have in his possession a proper resident or nonresident hunting license or special controlled hunting preserve license for the current year as required by law.  Nonresidents participating in a field trial properly approved in advance by a Wildlife Enforcement Officer are exempt from North Carolina licensing requirements providing they possess a valid hunting license from their state of residence.

 

History Note:        Authority G.S. 113‑134; 113‑273(g);

Eff. August 1, 1990.

 

15A NCAC 10H .1206      CARE OF FOXES

(a)  A minimum of one dog‑proof escape den for each 35 acres contained in the controlled fox hunting preserve must be provided and maintained.

(b)  Adequate food, clean water, and cover shall be provided to maintain a viable population of foxes within the controlled fox hunting preserve.

(c)  Since the intent of these rules is to promote a fair chase situation involving a resident population of foxes, the operator should make provisions to acclimate newly introduced foxes to the escape mechanisms located within the pen prior to pursuing the foxes with dogs.

 

History Note:        Authority G.S. 113‑134; 113‑273(g);

Eff. August 1, 1990.

 

15A NCAC 10H .1207      REVOCATION OF LICENSE TO OPERATE

In accordance with provisions of G.S. 113‑273(g) the Wildlife Resources Commission may revoke or suspend the license of any controlled fox hunting preserve operator upon violation of these rules.  Where there is evidence of such a violation, the Executive Director or his designee shall give the operator 20 days notice in writing to show cause to the Executive Director or his designee why his license should not be suspended or revoked.

 

History Note:        Authority G.S. 113‑134; 113‑273(g);

Eff. August 1, 1990.

 

SECTION .1300 – REPTILES AND AMPHIBIANS

 

15A NCAC 10H .1301      COMMERCIAL TAKE OF CERTAIN TURTLES AND TERRAPINS PROHIBITED

(a)  It is unlawful to engage in the commercial taking of any native turtle or terrapin species in the families Emydidae or Trionychidae, except the public may obtain possession permits from the Wildlife Resources Commission for possession, transportation, purchase or sale of these turtles and terrapins as described pursuant to Rule .1302 of this Section.

(b)  For purposes of this Rule, "commercial taking" is defined as the taking, possession, collection, transportation, purchase or sale of five or more individual turtles or terrapins, or any part thereof, per person in any given year.

(c)  The prohibition on collection in this Rule shall not apply to the following:

(1)           A licensed veterinarian when holding for purposes of medical treatment;

(2)           A holder of a valid rehabilitation permit for purposes of rehabilitation;

(3)           A publicly-financed zoo, scientific research facility or institution of higher education, or any state or federal agency;

(4)           Any person who accidentally collects five or more turtles or terrapins incidental to any lawful activity, and who immediately returns them to the wild;

(5)           Property owners who legally apply for and receive depredation permits from the Wildlife Resources Commission, or one of its Wildlife Damage Control Agents.

(d) Any person who was in lawful possession of five or more native turtles or terrapins in aggregate at the time of the effective date of this Rule shall apply for a possession permit to retain them.  The permit to retain these animals shall be applied for before January 1, 2008. No native turtles or terrapins shall be purchased or sold without a permit.  Permittees are subject to all requirements and conditions described in Rule .1302 of this Section.

(e) Violators are subject to a replacement cost per individual turtle that shall equal the replacement cost for "species with no open season" as set forth in 15A NCAC 10B.0117(c) until such time as replacement costs for each genus of turtle in these families is established by the Wildlife Resources Commission.

 

History Note:        Authority G.S. 113-333(a)(6);

Eff. May 1, 2007;

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

 

15A NCAC 10H .1302      POSSESSION OF REPTILES AND AMPHIBIANS

(a)  Permits required. Possession permits are required for the possession, importation, transportation, purchase, and sale of:

(1)           25 or more individuals of any combination of native amphibian species; or

(2)           five or more individuals of native reptile species.

(b)  Permits not required. Possession permits are not required for the possession, importation, transportation, purchase, and sale of:

(1)           24 or fewer individuals of any combination of native amphibian species; or

(2)           four or fewer individuals of native reptile species, except snapping turtles (Chelydra serpentina) less than 11 inches (curved carapace length) shall not be possessed. Individuals in possession of snapping turtles (Chelydra serpentina) less than 11 inches (curved carapace length) prior to May 1, 2017 are exempt from this restriction.

(c)  Unauthorized activities. Nothing in this Rule shall be construed to authorize the collection of any wildlife resources from the wild or the taking, possession, transportation, sale, purchase, or release to the wild of any wildlife resources or their parts in violation of State or federal laws or regulations. At no time shall permitted animals be released to the wild, except under situations of research or rehabilitation with written permission from the Wildlife Resources Commission.

(d)  Denial of possession permits. Circumstances for which, and persons to whom a possession permit shall not be issued include:

(1)           for the purpose of holding reptiles and amphibians that were acquired unlawfully;

(2)           for the purpose of holding reptiles and amphibians for unlawful sale or trade;

(3)           for the purpose of possessing or selling snapping turtles (Chelydra serpentina) less than 11 inches (curved carapace length) however, individuals in possession of snapping turtles (Chelydra serpentina) less than 11 inches (curved carapace length) prior to May 1, 2017 are exempt from this restriction;

(4)           to persons who collect five or more individual native turtles or terrapins from the families Emydidae or Trionychidae from the wild in a given year, except those entities exempted from collection in Paragraph (c) of Rule .1301 of this Section;

(5)           to persons who collect five or more individuals in aggregate from other native reptile families or 25 or more individual amphibians from the wild in a given year without first having secured a valid Collection License;

(6)           to persons found to be in violation of Collection License, Endangered Species Permit, or Possession Permit requirements as provided in 15A NCAC 10B .0119, 10I .0100, and 10H .1300.

(7)           to persons who do not first obtain possession permits prior to acquiring the following wildlife resources unless the acquisition of these animals was made prior to May 1, 2007 and a permit was acquired within 12 months of that date:

(A)          25 or more individuals of any combination of native amphibian species; or

(B)          five or more individuals of native reptile species.

(e)  Term of Permit. The permit shall be valid from January 1 through December 31 of the applicable year.

(f)  Reports on Permitted Animals. Each individual permitted under this Rule shall submit a report to the Wildlife Resources Commission within 15 days following the date of expiration of the permit. The report shall show the numbers of each species held under the permit and the use or disposition thereof. The Executive Director may require additional information for statistical purposes such as the source and date of acquisition of additional animals and the sex, size, weight, condition, reproductive success and approximate age of each animal in possession.

(g)  Other Requirements and Restrictions. The Executive Director may, pursuant to G.S. 113-274(c), impose such other requirements and restrictions on persons permitted under this Rule as he may deem to be necessary to the efficient administration of the wildlife conservation statutes and rules.

 

History Note:        Authority G.S. 113-274(c)(1c);

Eff. May 1, 2007;

Amended Eff. August 1, 2017; May 1, 2009.