North Carolina Wildlife Resources Commission

Proposed Regulations

 

Public-Hearings-3636505263296296250

The N.C. Wildlife Resources Commission has the authority, granted by the Legislature, to create regulations called “rules” which although not state law,have the force of law.  The complete set of rules under the power of the Commission can be found here. The handout From Proposal to Regulation describes the Commission's rule-making procedures. Below is a list of the rules the Commission is currently proposing to change, a description of each and avenues for comment. The procedure for subjecting a proposed rule to legislative review is located below the table.

 

We welcome your feedback. Comments may be sent to regulations@ncwildlife.org.

15A NCAC 10B .0124 Importation of Animal Parts

Description and Justification for Temporary Rule

Chronic Wasting Disease (CWD) is a highly infectious, contagious, fatal neurological disease that affects the Cervidae family, which includes deer, moose, and elk. The source of the disease is an abnormal prion (a form of protein) that collects in the animal’s brain cells and produces small lesions.  CWD is classified as a transmissible spongiform encephalopathy and is similar to mad cow disease. It is characterized by loss of body condition, behavioral abnormalities, and death.  It spreads through animal-to-animal contact, contact with infected carcasses, and contact with contaminated soils and plants. CWD has long incubation periods, which can result in an infected cervid appearing healthy while spreading the disease to other cervids.  Additionally, CWD is persistent in the environment, which is the most significant obstacle to eradication once the disease is present in a cervid population.  When a state's cervid herd is CWD-positive, on-going monitoring and management efforts require the expenditure of millions of dollars in public resources.

 

In 2006, the WRC adopted the Importation of Animal Parts rule (15A NCAC 10B .0124) which banned the importation of whole cervid carcasses from states known to be positive for CWD and limited importation of cervid parts from these states to specifically identified and treated meat and body parts. There were 11 CWD-positive states when the Importation of Animal Parts rule was adopted.  Since 2007, there has been an increase in reported cases of CWD across the United States and internationally.  There are currently 25 CWD positive states.  Four southeast states are among these, two of which (Arkansas and Mississippi) confirmed their first case of CWD within the past three years. During this same time, CWD has appeared in free-ranging reindeer and moose in Norway and Finland. Three Canadian provinces are also CWD-positive. 

 

Due to the accelerated rate and great distances by which CWD has been transferred across the continent (14 additional CWD-positive states since 2006), 13 states have prohibited the importation of cervid carcasses and carcass parts that originate from outside their state. The importation of cervid carcasses and carcass parts poses an imminent threat to the health and continued existence of North Carolina's white-tailed deer and elk populations.  To provide immediate protection to North Carolina's wildlife resources, these new measures must be in place before other states initiate their fall 2018 deer hunting seasons.  Adherence to normal notice and hearing requirements provides an additional year that CWD could be released into NC’s environment via the importation and disposal of infected deer parts.

Download Rule Text & FAQs

Rule Text (PDF)

 

Frequently Asked Questions (PDF)

 

 

How to Submit Comments

 

Written Comments can be sent to: 

Rule-making Coordinator

1701 Mail Service Center  Raleigh, N.C. 27699-1701

or: regulations@ncwildlife.org

 

Comment period closes June 29, 2018

Public Hearing Date and Location

June 6, 2018 @ 7:00 PM

WRC Headquarters

1751 Varsity Drive Raleigh, NC 27606

 

15A NCAC 10B .0202 Bear

Description and Justification for Temporary Rule

The immediate amendment of this rule is necessary to clarify that there is no open season for bear in any area of the Green Swamp Bear Sanctuary (sanctuary spans two counties). 

 

This clarification was made in 2017 but was inadvertently omitted when the rule was amended in 2018.  It is imperative that this amendment be adopted before the 2018 bear season so that no bear are taken.

Download Rule Text

Rule Text (PDF)

 

 

How to Submit Comments

 

Written Comments can be sent to: 

Rule-making Coordinator

1701 Mail Service Center  Raleigh, N.C. 27699-1701

or: regulations@ncwildlife.org 

 

Comment period closes June 29, 2018

Public Hearing Date and Location

June 6, 2018 @ 7:00 PM

WRC Headquarters

1751 Varsity Drive Raleigh, NC 27606

 

15A NCAC 10D .0103 Game Lands

Description and Justification for Temporary Rule

The immediate amendment of this rule is necessary to correct language in 10D .0103(h)(11) and (h)(77), incorporating the agency’s intent for an extended archery season on these Game Lands into the NCAC.  It is also necessary to clarify that deer of either sex can be taken on the first Saturday of the Deer With Visible Antlers Season on the Cold Mountain Game Land.

 

The amendments to this Rule will align the NCAC with the agency's intent, codifying seasons that are known to the public and are consistent with the WRC’s management objectives. Immediate adoption is needed to avoid further confusion and prevent undue hardship on the public for unknowingly hunting out of season.

Download Rule Text

Rule Text ( PDF)

 

 

 

 

 

How to Submit Comments

Written Comments can be sent to:

Rule-making Coordinator

1701 Mail Service Center  Raleigh, N.C. 27699-1701

or: regulations@ncwildlife.org

 

Comment period closes June 29, 2018

Public Hearing Date and Location

June 6, 2018 @ 7:00 PM

WRC Headquarters

1751 Varsity Drive Raleigh, NC 27606

 

 

 

2018 Periodic Review

Description and Justification

In 2013, the NC General Assembly passed HB 74, which established a process for the periodic review of existing rules in N.C. Gen. Stat. §150B-21.3A.  The periodic review process requires state agencies to complete an initial review of all existing rules during the next 5 years, on a schedule established by the Rules Review Commission.  Rules will then be reviewed on a 10-year cycle.

   
The NC Wildlife Resources Commission rules are located in Title 15A of the NC Administrative Code.  Subchapters 10A, 10D, 10E, 10G, 10I, 10J, and 10K are currently under review. The Commission is required to evaluate existing agency rules and make an initial determination from one of these three classifications:

  • Necessary with substantive public interest 
  • Necessary without substantive public interest 
  • Unnecessary 

 

All rules have been classified as Necessary with substantive public interest.

How to Submit Comments

A public comment, as defined by NC General Statute § 150B-21.3A(a)(5), is a written comment objecting to the rule in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public.  Please note that in order for a comment to be considered, it must address the content of the rule.

 

Rules will be available for comment from June 1 through July 31, 2018. Comments can be submitted online (click here to submit comments), via email to regulations@ncwildlife.org, or via mail to:

 

N.C. Wildlife Resources Commission

Attn: Rule-Making Coordinator

1701 Mail Service Center

Raleigh, NC 27699-1701

 

15A NCAC 10F Boating Registration/Safety and Water Safety Rules

Description and Justification

All 10F Rules were reviewed as part of the 2016 Periodic Review process. Rules 15A NCAC 10F .0102-.0110 and 10F .0201 and .0202 (Motorboat Registration and Safety) are proposed for amendment to make technical, clarifying, and reorganizational changes.

 

Rule 15A NCAC 10F .0301 and .0325 (Local Water Safety) are proposed for amendment to update language and references and other minor updates to mitigate hazards to boating safety.

 

 

Download Rule Text

How to Submit Comments

 

Written Comments can be sent to: Rule-making Coordinator,

1701 Mail Service Center,  Raleigh, N.C. 27699-1701

or: regulations@ncwildlife.org 

 

Comment period closes July 31, 2018.

Public Hearing Date and Location

June 20, 2018
 
WRC Headquarters
 
Commissioner's Room
 
1751 Varsity Drive Raleigh, NC 27606
 
10:00 AM

Procedure for Subjecting a Proposed Rule to Legislative Review:

 

If an objection is not resolved prior to the adoption of the rule,a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S.150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S.150B-21.3(b1). The  Rules Review Commission will receive written objections until 5:00 p.m. on the day following the day the Rules Review Commission approves the rule. The Rules Review Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.If you have any further questions concerning the submission of objections to the Rules Review Commission, please call a staff attorney at 919-431-3000.