15A NCAC 10H .0301 GENERAL REQUIREMENTS IS AMENDED AS FOLLOWS:

(a) Captivity Permit or License Required

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

(2) Injured, Crippled or Orphaned Wildlife. Notwithstanding the preceding Subparagraph (1), a crippled, injured or orphaned wild animal or wild bird, except deer or black bear may be taken and kept in possession for no longer than five days, provided that during such five-day period the individual in possession thereof shall apply to the Wildlife Resources Commission , or a wildlife enforcement officer of the Commission, for a captivity permit.

Deer and Black Bear. Captivity permits will not be issued for crippled, injured or orphaned bear. No person shall keep a crippled injured or orphaned bear in possession for longer than a 24 hour period. Captivity permits for crippled injured or orphaned deer will only be issued to certain rehabilitators predesignated by the Commission to provide temporary care for fawn deer.

(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 Wildlife Resources 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.

(b) Captivity Permit. (3) Application and Term. A captivity permit will be issued without charge and may be issued upon informal request shall be requested by mail, telephone, phone, facsimile or electronic transmission or in person. or other means of communication; but such A captivity permit shall authorize 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 (b)(c) of this Rule, if such a license is authorized; or to make a proper disposition of the animal or bird bird, as determined by the Executive Director, 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.

(c)(b) Captivity License.

(1) Requirement. Except as provided in Paragraph (a) of this Rule, no person shall keep any member of the family Cervidae; or any coyote, wolf, or other non-indigenous member of the family Canidae; or any species of wild bird which naturally occurs or historically occurred in this State, either resident or migratory, without first having obtained from the Wildlife Resources Commission a license to hold the particular species of animal or bird in captivity. No wildlife captivity license will be issued for exotic wild animals, non-indigenous wild animals, or native big game species when the reason for holding such wild animals is release for hunting. No captivity license will be issued for holding wild turkeys..

Acquisition of Wildlife. Notwithstanding the provisions of Subparagraph (a)(2) of this Rule, captivity licenses may not be issued if the wild animal or wild bird was acquired unlawfully or merely as a pet.

    1. The purpose of captivity license is to provide humane treatment for certain 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 Wildlife Resources Commission for an application.

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

    1. For the purpose of holding a wild animal or wild bird that was acquired unlawfully.
    2. 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.
    3. For the purpose of holding wild animals or wild birds for hunting in North Carolina.
    4. For the purpose of holding wild turkey.
    5. For the purpose of holding deer, elk or any other member of the family Cervidae on a facility licensed after May 17, 2002, until the U.S. Department of Agriculture (USDA) establishes a Chronic Wasting Disease (CWD) program that includes a test to detect Chronic Wasting disease along with requirements for monitoring cervids that shall establish a basis for determining whether a cervid and any cervid herd or farm with which the tested cervid has resided has been free of CWD for five years, provided that the program, test and monitoring requirements are recommended for application to wild animals by the Southeastern Cooperative Wildlife Disease Study.

(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 which that shall comply complies with the minimum standards set forth in Rule .0302 of this Section, 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 which that is issued shall be for a period less than one year as rehabilitation may require. Captivity licenses will not be issued for rehabilitation of deer, turkey, and black bear.

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

(5) Holders of Captivity License for cervids.
    1. Inspection of records. The licensee shall make all records pertaining to tags, licenses or permits issued by the Wildlife Resources Commission 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.
    2. 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:
    1. All cervids newborn within a facility, with the exception of Muntjac and Axis deer, shall be tagged by October 1 following the birthing season each year. Newborn Muntjac and Axis deer shall be tagged within four months of birth.
    2. 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 until restrictions on importation (10B .0101) and transportation (paragraph (f) of this Rule) no longer apply.
    3. All cervids in the possession of a licensee as of October 8, 2002 shall be tagged within six months of the licensee's receipt of the tags.
    1. Application for Tags.
    1. Application for tags for newborn cervid. Application for tags for cervids born at the facility site shall be made by the licensee by August 1 following the birthing season of each year, except that application for tags for Muntjac and Axis newborns shall be made within six weeks of birth. The licensee shall provide the following information, along with a statement and licensee's signature verifying that the information is accurate:
    1. Owner name, mailing address, phone number,
    2. Facility name and site address
    3. QBSP [Quad Block Square Point] facility number listed on licensee's captivity license
    4. Species
    5. Sex
    6. Date of cervid birth
    1. 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 until restrictions on importation (10B .0101) and transportation (paragraph (f) of this Rule) no longer apply.
    1. Placement of Tags.
    1. 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.
    2. 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, 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.
    3. Once a tag is affixed in the manner required by this Rule, it shall not be removed.
    1. Reporting Tags Requirement. For all cervids not in the possession of a licensee as of October 8, 2002, the licensee shall submit a Cervidae Tagging Report within thirty (30) days receipt of the tags. With regard to all cervids in the possession of a licensee as of October 8, 2002 , the licensee shall submit a Cervidae Tagging report to the Wildlife Resources Commission within seven months of the licensee's receipt of the tags. 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.
    1. Owner's name, address and telephone number
    2. Facility name and site address, including the County in which the site is located.
    3. QBSP [Quad Block Square Point] facility number listed on licensee's captivity license
    4. Button tag number
    5. Bangle tag number
    6. Species
    7. Sex
    8. Birth year of cervid
    1. Replacement of Tags. The Wildlife Resources 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.
    1. Lost Tags. The loss of a tag shall be reported to the Wildlife Resources Commission and application shall be made for a replacement upon discovery of the loss. Application for a replacement shall include the information required by Subparagraph (c)(5)(C) of this rule along with a statement and applicant's signature verifying that the information is accurate.
    2. 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 immediately be returned to the Wildlife Resources 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 continues to meet the requirements of this Section for the license, provided however, no renewal of an existing license shall permit the expansion of pen size or 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 by the former licensee.

(7) Provision for licensing the possession of cervids in an existing facility. If the licensee of an existing facility voluntarily surrenders his or her captivity license or dies, a person who has obtained lawful possession of the facility from the previous licensee or that licensee's estate, may apply for and may receive a captivity license to operate the existing facility. Any license issued 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)(c) Nontransferability Nontransferable. No license or permit or tag issued pursuant to this Rule shall be transferable, either as to the holder or the site of a holding facility.

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

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

    1. It is unlawful for any person holding a captivity license issued under Paragraph (b)(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 to another person who has obtained a license to hold it in captivity. 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 transmitted provided to the Wildlife Resources Commission.

(3) It is unlawful for any person to release into the wild for any purpose or allow to range free any species of deer, elk or other members of the family Cervidae or any wolf, coyote, or other nonindigneous non-indigenous member of the family canidae.

(e) Applicability of Section. The following licenses include authority for incidental transportation and possession of wildlife covered under the license:

(1) Wildlife and fish collection licenses (G.S. 113-272.4; 15A NCAC 10B .0119; 15A NCAC 10C .0214);

(2) Controlled hunting preserve license [G.S. 113-273(g); 15A NCAC 10H .0100];

(3) Commercial trout pond license [G.S. 113-273(c); 15A NCAC 10H .0400];

(4) Fish propagation license [G.S. 113-273(e); 15A NCAC 10H .0700];

(5) Falconry permit and license [G.S. 113-270.3(b)(5); 15A NCAC 10H .0800];

(6) Game bird propagation license [G.S. 113-273(h); 15A NCAC 10H .0900].

    1. Furbearer propagation license [G.S. 113-273(i); 15A NCAC 10H .1100].

(f) Transportation Permit.

    1. Except as otherwise provided herein, no transportation permit shall be 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 North Carolina Wildlife Resources 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 until the U.S. Department of Agriculture (USDA) establishes a Chronic Wasting Disease (CWD) program that includes a test to detect Chronic Wasting Disease, along with requirements for monitoring cervids that shall establish a basis for determining whether a cervid and any cervid herd or farm with which the tested animal has resided has been free of CWD for five years, provided that the program, test and monitoring requirements are recommended for application to wild animals by the Southeastern Cooperative Wildlife Disease Study.
    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 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 Wildlife Resources Commission authorizing that transportation. No person shall transport a cervid for veterinary treatment without having obtained approval from the Commission as provided by subparagraph (f)(4)(iii) of this rule. Any person transporting a cervid shall present the transportation permit to any law enforcement officer or any representative of the Wildlife Resources 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 Wildlife Resources Commission upon request.
    1. Slaughter. Application for a transportation permit for purpose of slaughter shall be submitted in writing to the North Carolina Wildlife Resources Commission and shall include the following information along with a statement and applicant's signature verifying that the information is accurate:
    1. Owner's name, address and telephone number
    2. Facility site address
    3. QBSP [Quad Block Square Point] facility number listed on applicant's captivity license
    4. Name, address, county and phone number of the slaughter house to which the cervid will be transported.
    5. Vehicle or trailer license plate number and state of issuance of the vehicle or trailer used to transport the cervid.
    6. 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.
    7. Date of transportation
    8. Species and sex
    9. Bangle and button tag numbers for the cervid
    1. Exportation. Application for a transportation permit for purpose of exportation out of state shall be submitted in writing to the North Carolina Wildlife Resources Commission and shall include the following information along with a statement and applicant's signature verifying that the information is accurate:
    1. Owner's name, address and telephone number
    2. Facility site address
    3. QBSP [Quad Block Square Point] facility number listed on applicant's captivity license
    1. Vehicle or trailer license plate number and state of issuance of the vehicle or trailer used to transport the cervid.
    1. Name, site address, county, state and phone number of the destination facility to which the cervid is exported.
    2. 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.
    1. Date of departure.
    2. Species and sex
    3. Bangle and button tag numbers for the cervid
    1. 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 Wildlife Resources 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 Wildlife Resources 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 Wildlife Resources Commission, along with a statement and applicant's signature verifying that the information is correct:
    1. cervid owner's name, address and telephone number
    2. Facility name and site address
    3. QBSP facility number on captivity license
    4. Vehicle or trailer license plate number and state of issuance of the vehicle or trailer used to transport the cervid.
    5. Date of transportation
    6. Species and sex
    7. Bangle and button tag numbers for the cervid
    8. Name, address and phone number of the veterinarian and clinic that treated the cervid
    9. Symptoms for which cervid received treatment
    10. Diagnosis of veterinarian who treated the cervid.

(g) No provision within this Rule other than those that permit transport for export, slaughter or veterinary treatment shall be construed to permit transportation of cervids until restrictions on transportation provided within this rule, 10B .0101 or anywhere else within these rules no longer apply.

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

Eff. February 1, 1976;

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

Temporary Amendment Eff. May 17, 2002, July 1, 2001.

Temporary Amendment Eff. October 8, 2002.