section .0300 – holding wildlife in CAPTIVITY

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 10 - wildlife resources and water safety/subchapter h/15a ncac 10h .0301.html
Published: 2015

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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.