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APPROVED RULES

Amended Eff. May 1, 2008; May 1, 2007; October 1, 2006; August 1, 2006; May 1, 2006; February 1, 2006, June 1, 2005; October 1, 2004.

15A NCAC 10H .0101LICENSE TO OPERATE

A controlled hunting preserve license shall entitle the holder or holders thereof, and their guests of that preserve to take or kill by shooting only, and without regard to sex or bag limits, starting October 1 and ending March 31, domesticallyraised pheasants, chukar partridges, Hungarian partridges, Mallard ducks (as defined by the United States Fish and Wildlife Service) or other domestically raised game birds, except wild turkey. A controlled hunting preserve license also authorizes the holder or holders to purchase, possess, propagate, sell, transport and release propagated migratory game birds and their eggs, and propagated upland game birds, except wild turkey, subject to the limitations and conditions in Section .0900 of this Subchapter.  Application for controlled hunting preserve licenses shall be made on standard forms obtainable from the commission.  Applicants must be prepared to show proof of ownership of the land contained in the proposed hunting preserve or proof that they have this land under lease for the duration of the license period.

History Note:Authority G.S. 113134; 113273;

Eff. February 1, 1976;

Amended Eff. May 1, 2008; July 1, 1994; November 1, 1990; July 1, 1988; July 1, 1987.

15A NCAC 10H .0301GENERAL 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 these Rules 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 shall 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 or electronic transmission or in person. A captivity permit shall authorize 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, black bear, deer, elk or any other member of the family Cervidae except as described in Subparagraph (a)(3) of this Rule.
(c)  Captivity License.
(1)The purpose of captivity license is to provide humane treatment for wild animals or wild birds that are unfit for release.  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 contact the Commission for an application.
(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.  

(E)For the purpose of holding deer, elk or any other member of the family Cervidae on a facility licensed after

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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