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.
