section .1100 - waiver

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 10 - wildlife resources and water safety/subchapter a/15a ncac 10a .1101.html
Published: 2015

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section .1100 - waiver

 

15A NCAC 10A .1101       WAIVER

(a)  The executive director or his designee shall waive rule

provisions listed in Paragraph (b) of this Rule and subsequent Paragraphs under

specified conditions and according to the following standards:

(1)           The applicant has complied with the laws of

North Carolina and with rules promulgated by the Wildlife Resources

Commission;

(2)           The Commission is able to safeguard the wildlife

resources in North Carolina while granting the waiver; and

(3)           The applicant is able to meet the

conditions of the waiver.

(b)  The executive director or his designee shall waive the

rule banning intrastate transfer of cervids and shall issue a transportation

permit to an applicant for such a waiver provided that:

(1)           The executive director or his designee

determines that the applicant is eligible for a waiver according to standards

listed in Paragraph (a) of this Rule;

(2)           The eligible applicant shall first notify

the Commission of the following:

(A)          the tag number(s) assigned to the cervid;

(B)          the facility of origination;

(C)          the facility of destination;

(D)          the date(s) upon which the transfer is to take

place; and

(E)           the means by which the cervid is to be transported;

and

(3)           The executive director or his designee

confirms receipt of the information requested in Subparagraph (b)(2) of this

Rule.

Transportation of cervids between facilities that are

licensed to the same individual shall be permitted upon the condition that the

licensed applicant log the information required by Subparagraph (b)(2) of this

Rule rather than submit a separate application for each transportation.  

(c)  The executive director or his designee shall waive the

rule banning importation of cervids and shall issue a transportation permit to

an applicant for such a waiver provided that:

(1)           The executive director or his designee

determines that the applicant is eligible for a waiver according to standards

listed in Paragraph (a) of this Rule;

(2)           The herd of origin for all cervids to be

imported has met the following conditions:

(A)          The herd has been held in a facility that has been

secured by a fence that has not been breached or jumped by a cervid for at

least five years, and into which no cervid has been introduced for at least

five years;

(B)          All members of the herd that have died in the past

five years have been tested for Chronic Wasting Disease [CWD]; and all CWD test

results have been negative; and

(C)          Facility records demonstrating compliance with the

conditions in this Subparagraph have been submitted with the import

application.  

(3)           The eligible applicant shall first notify

the Commission of the following:

(A)          the tag number(s) or other identification assigned

to the cervid;

(B)          the facility of origination;

(C)          the facility of destination;

(D)          the date(s) upon which the transfer is to take

place; and

(E)           the means by which the cervid is to be transported;

and

(4)           The executive director or his designee

confirms receipt of the information requested in Subparagraph (c)(3) of this

Rule.

(d)  The executive director or his designee shall waive the

rule against cervid facility expansion and to amend a license to permit

expansion to an applicant for such a waiver provided that:

(1)           The executive director or his designee

confirms the applicant's eligibility for a waiver according to standards listed

in Paragraph (a) of this Rule;

(2)           The eligible applicant shall first notify

Commission of the following:

(A)          the location of the facility for which expansion is

desired;

(B)          the number of cervids held at that facility;

(C)          the number of births or purchases of cervids

expected within a year of the application; and

(D)          the proposed capacity for which expansion is

desired; and

(3)           The executive director or his designee

confirms receipt of the information requested in Paragraphs (c) and (d) of this

Rule.

 

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

150B-19(6);

Temporary Adoption Eff. May 21, 2003;

Temporary Adoption Expired March 12, 2004;

Eff. November 1, 2004;

Amended Eff. August 1, 2006.