section .0300 – holding wildlife in CAPTIVITY
15A NCAC 10H .0301 GENERAL REQUIREMENTS
(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, 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 or black bear.
(c) Captivity License.
(1) The purpose of a captivity license is to
provide humane treatment for wild animals or wild birds that are unfit for
release, or for possession of cervids, or for scientific, educational,
exhibition or other purposes. 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 complete
an application for wildlife captivity provided on the Commission's web site or
can be requested by calling (919) 707-0050.
(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; or
(E) for the purpose of holding white-tailed deer
(Odocoileus virginianus) or elk (Cervus elaphus or Cervus canadensis), except
licenses issued before December 1, 2014 that 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) Records. Each licensee shall maintain herd records
as described in 9 C.F.R. 55.23(b)(4). 9 C.F.R. 55.23(b)(4) is hereby
incorporated by reference, shall include any later amendments and editions of
the incorporated material, and may be accessed free of cost at
http://www.ecfr.gov/cgi-bin/text-idx?SID=940029f5dad7b72c54cd3985f1da490a&node=se9.1.55_123&rgn=div8.
(B) 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.
For purposes of this Rule, normal business hours are Monday through Friday 8
a.m. to 5 p.m., excluding state holidays.
(C) Inspection. The licensee shall make all enclosures
at each licensed facility and the herd records 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.
(D) Fence Monitoring Requirement. The fence surrounding
the enclosure shall be built and maintained in a condition that would prevent
ingress and egress of cervids. Any damage to the fence that creates an
opportunity for cervid ingress or egress shall be repaired upon discovery.
(E) Escape. When a licensee discovers the escape of
any cervid from the facility, the licensee or designee shall report within 24
hours the escape by calling 1-800-662-7137. If possible, the escaped cervid
shall be recaptured alive. If live recapture is not possible, the licensee
shall request a wildlife take permit under G.S. 113-274 by contacting the
Wildlife Management Division of the Commission at (919) 707-0050 and take the
escaped cervid pursuant to the terms of the permit. A recaptured live cervid
shall be submitted to the Commission for Chronic Wasting Disease (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 the following:
(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; and
(iv) nature of the terrain in to which the cervid
escaped.
(F) Chronic Wasting Disease (CWD)
(i) Each licensee shall notify the Commission
immediately, but within 24 hours, if any cervid within the facility exhibits
clinical symptoms of CWD, and may include symptoms as provided in 9 C.F.R. 81.1.
9 C.F.R. 81.1 is hereby incorporated by reference, shall include any later
amendments and editions of the incorporated material, and may be accessed free
of cost at http://www.gpo.gov/fdsys/pkg/CFR-2012-title9-vol1/pdf/CFR-2012-title9-vol1-sec81-1.pdf.
Cervids that exhibit clinical symptoms of CWD shall not be transported.
Regardless of age, cervids that exhibit clinical symptoms of CWD shall be made
available for testing upon death.
(ii) Licensees shall inform the Commission at (919)
707-0050 during normal business hours and 1-800-662-7137 outside business hours
of the death of any cervids 12 months of age or older within 12 hours of the
death. The carcass of any captive cervid that was 12 months of age or older at
time of death shall be made available for testing. 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.
(G) Herd Status. The Commission and the N.C. Department
of Agriculture and Consumer Sciences shall designate herds as CWD-suspect,
CWD-exposed, or CWD-positive as defined in 9 C.F.R. 55.1 when exposure to the
disease is suspected. 9 C.F.R. 55.1 is hereby incorporated by reference, shall
include any later amendments and editions of the incorporated material, and may
be accessed free of cost at:
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=940029f5dad7b72c54cd3985f1da490a&n=pt9.1.55&r=PART&ty=HTML#se9.1.55_11
No cervids shall move out from or into herds designated as CWD-suspect,
CWD-exposed, or CWD-positive pending an epidemiological investigation. If the
investigation determines a herd to be CWD-exposed or CWD-positive, movement
shall resume only upon completion of a herd plan. The Commission shall follow
herd planning guidelines set forth in the May 2014 edition or subsequent
updates of the U.S. Department of Agriculture's Chronic Wasting Disease Program
Standards Part B. Movement of cervids out from or into herds designated as
CWD-suspect shall only resume after all suspected animals have been tested and
no signs of CWD were detected in the submitted samples.
(H) Tagging Required. All cervids within a herd shall be
tagged with two separate tags as provided by the Commission. Cervids born
within a facility shall be tagged before 12 months of age. All cervids
regardless of age shall be tagged before being transported.
(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 to the Commission
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, or the sending herd is a Certified
Herd and the receiving herd is a licensed facility.
(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 shall not 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) 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 an application shall be made for a
replacement upon discovery of the loss. Application for a replacement tag shall
include the information required by Part (c)(5)(F) of this Rule along with a
statement and applicant's signature verifying that the information is accurate.
The replacement tag shall be placed 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 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. A licensee whose license has
lapsed shall not be eligible to renew his or her license, but may apply for a
new license as described in Paragraph (c) of this Rule.
(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, 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. This Subparagraph does
not apply to persons holding cervids under a captivity permit.
(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 in15A NCAC 10H .0304, or from a Certified Herd to a licensed
facility, except facilities licensed or permitted on or after December 1, 2014
shall not take possession of white-tailed deer (Odocoileus virginianus) or elk
(Cervus elaphus or Cervus canadensis). 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 species of the
family Cervidae;
(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:
(A) into and between Certified Herds as defined in 15A
NCAC 10H .0304; or
(B) from a Certified Herd to a licensed facility, except
no transportation permits shall be issued for white-tailed deer (Odocoileus
virginianus) or elk (Cervus elaphus or Cervus canadensis) if the receiving
facility was licensed or permitted on or after December 1, 2014.
(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, from
a Certified Herd to a licensed facility, or to a veterinary medical facility
for treatment provided that the animal for which the permit is issued is not
under movement restrictions as described in Part (c)(5)(H) of this Rule, ,
except no transportation permits shall be issued for white-tailed deer
(Odocoileus virginianus) or elk (Cervus elaphus or Cervus canadensis) if the
receiving facility was licensed or permitted on or after December 1, 2014. 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. Transportation
permits shall be valid for 30 calendar days.
(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. Only licensees with Certified herds
may export cervids as defined in 9 C.F.R. 55.1 out of state. 9 C.F.R. 55.1 is
hereby incorporated by reference, shall include any later amendments and
editions of the incorporated material, and may be accessed free of cost at: http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=940029f5dad7b72c54cd3985f1da490a&n=pt9.1.55&r=PART&ty=HTML#se9.1.55_11.
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.
In addition to the
state transportation permit, each cervid as defined in 9 C.F.R. 55.1 exported
shall have a federal certificate as described in 9 C.F.R. 81.4 which is hereby
incorporated by reference, shall include any later amendments and editions of
the incorporated material, and may be accessed free of cost at: http://www.ecfr.gov/cgi-bin/text-
idx?SID=72869bb3d0188a5a5f1e783845a988e5&node=se9.1.81_14&rgn=div8.
(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, or from a Certified Herd to a
licensed 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:
(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 at (800) 662-7137 or the Wildlife Management Division of the Commission
at (919) 707-0050 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 calendar 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 the 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.
(h) As used in this Rule, "Certified Herd" means
a captive cervid herd certified in North Carolina according to the procedure
set forth in 15A NCAC 10H .0304 available to North Carolina licensees only.
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. February 27, 2015; December 2,
2014.
