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APPROVED RULES

stability shall be repaired within one week of detection.

(F)Escape.  The licensee or designee shall immediately upon discovery report any cervid escape from the facility to the Commission.  If possible, the escaped cervid shall be recaptured alive. If live recapture is not possible, the licensee shall request a wildlife take permit 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 neglible based upon:   

(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;

(iv)nature of the terrain in to which the cervid escaped.

(G)Chronic Wasting Disease (CWD)

(i)Detection.  Each licensee shall immediately notify the Commission if any cervid within the facility exhibits clinical symptoms of CWD or if a quarantine is placed on the facility by the State Veterinarian.  All captive cervids that exhibit symptoms of CWD shall be tested for CWD.  

(ii)Cervid death.  The carcass of any captive cervid that was six months or older at time of death shall be transported and submitted by the licensee to a North Carolina Department of Agriculture diagnostic lab for CWD evaluation within 48 hours of the cervid's death, or by the end of the next business day, whichever is later.  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.  

(iii)The Commission may require testing or forfeiture of cervids from a facility holding cervids in this state should the following circumstances or conditions occur:

(I)The facility has transferred a cervid that is received by a facility in which CWD is confirmed within five years of the cervid's transport date.

(II)The facility has received a cervid that originated from a facility in which CWD has been confirmed within five years of the cervid's transport date.

(H)Tagging Required. Effective upon receipt of tags from the Commission, each licensee shall implement the tagging requirement using only the tags provided by the Commission as follows:

(i)All cervids born within a facility shall be tagged by March 1 following the birthing season each year.  

(ii)All cervids transferred to a facility shall be tagged within five days of the cervid's arrival at the licensee's facility.  However, no cervids shall be transported from one facility to another until restrictions on importation (10B .0101) and transportation (Paragraph (f) of this Rule) no longer apply.

(iii)All cervids in the possession of a licensee as of October 8, 2002 shall be tagged within six months of the licensee's receipt of the tags.

(I)Application for Tags.

(i)Application for tags for newborn cervid.  Application for tags for cervids born within a facility shall be made by the licensee by December 1following 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 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 until restrictions on importation (10B .0101) and transportation (Paragraph (f) of this Rule) no longer apply.

(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 are not required to 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)Reporting Tags Requirement.  For all cervids not in the possession of a licensee as of October 8, 2002, the licensee shall submit a Cervidae Tagging Report within 30 days receipt of the tags.  With regard to all cervids in the possession of a

licensee as of October 8, 2002, the licensee shall submit a Cervidae Tagging report to the Commission within seven months of the licensee's receipt of the tags.  A Cervidae Tagging Report shall provide the following information and be accompanied by a statement and licensee's signature verifying that the information is accurate:

(i)Licensee name, mailing address, and telephone number;

(ii)Facility name and site address, including the County in which the site is located;  

(iii)Captivity license number;

(iv)Species and sex of each cervid;

(v)Tag number(s) for each cervid; and

(vi)Birth year of each cervid.   

(L)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 application shall be made for a replacement upon discovery of the loss.  Application for a replacement shall include the information required by Subparagraph (c)(5)(C) of this Rule along with a statement and applicant's signature verifying that the information is accurate. Lost tags shall be replaced 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 immediately 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, provided however, no renewal of an existing license shall permit the expansion of pen size or number of pens on the licensed facility to increase the holding capacity of that facility.  No renewals shall be issued for a license that has been allowed to lapse due to the negligence of the former licensee.
(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 apply for and may receive a captivity license to operate the existing facility.  Any license issued 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.

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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