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301-400 birds - test 18% of source flock or shipment
401-500 birds - test 14% of source flock or shipment
>500 birds - test 58 individuals from source flock or shipment.
(2)Waterfowl that have tested positive in seriological tests shall be tested further by virus isolation/polymerase-chain-reaction (PCR) tests and identification techniques.
(3)Cloacal swabs pooled into groups of no more than five samples for testing shall be used for virus isolation or PCR tests for AI and END.
(4)Final virus isolation/PCR tests that are required because of positive results of serological tests shall be conducted within 10 days prior to release of birds.  
(5)The Wildlife Resources Commission shall not accept Directigen® test results for AI tests on captive-reared waterfowl.
(6)Test results shall not be used to accept or reject any individual bird(s) from shipments or flocks that have positive results on any assay.
(7)All test results shall be submitted directly from the testing lab to the Wildlife Resources Commission, Division of Wildlife Management.  
(8)Neither permit nor license shall be issued until tests are negative for AI and END.
(c)  Sale of Live Birds or Eggs.  Subject to the limitations set forth in Rule .0901 of this Section, any healthy game birds which are authorized to be propagated under this Section, or the eggs thereof, may be sold or transferred alive by any licensed game bird propagator to any other licensed game bird propagator.  Licensed game bird propagators may also sell or transfer healthy live game birds to licensed controlled shooting preserve operators or to any person who holds a valid state license or permit to possess the same.  Upon any such sale or transfer, a receipt or other written evidence of the transaction shall be prepared in duplicate showing the date, the names and license or permit numbers of both parties, and the species and quantity of the game birds or eggs transferred.  A copy of such receipt or writing shall be retained by each of the parties as a part of his records as provided by Rule .0906 of this Section.  Any live migratory waterfowl sold or transferred to any person for use in training retrievers or conducting retriever trials must be marked by one of the methods provided by 50 C.F.R. 21.13.  Each pheasant sold or transferred for such purposes shall be banded prior to the transfer with a metal leg band which is imprinted with the number of the propagator's license.
(d) Sale of Dead Game Birds as Food.  Subject to the limitations and conditions indicated in Rule .0901 of this Section and to any applicable laws and regulations relating to pure foods, public health and advertising, game birds produced by game bird propagators licensed under this Section may be killed at any time in any manner, except by shooting during the closed season on the species concerned, and sold for food purposes as provided by the following Subparagraphs:
(1)Sale Direct to Consumer.  Unprocessed dead game birds may be sold directly to a consumer when accompanied by a receipt showing the name of the consumer, the name and license number of the propagator, and the quantity and species of the game birds sold.  A copy of such receipt shall be retained by the propagator as part of his records.  No such bird shall be resold by any such consumer.
(2)Sale To or Through a Processor.  Game birds may be sold to any commercial food processor who holds a permit to possess them or delivered to such a processor for processing and packaging prior to sale.  In either case, the transfer shall be evidenced by a duplicate receipt identifying the processor by name and permit number and the propagator by name and license number, and indicating the number and species of birds transferred.  A copy of such receipt shall be retained by each of the parties as part of his records.  The processed carcasses of the birds shall be enclosed in a wrapper or container on the outside of which is indicated the number and species of birds contained, the license number of the propagator, and the fact that such birds were domestically raised.  When so packaged, such processed game birds may be sold at wholesale or at retail through ordinary channels of commerce.  This Paragraph shall not apply to dead quail marketed for food purposes under the regulations of the North Carolina Department of Agriculture.
(3)The eggs of propagated game birds may not be sold for food purposes.

History Note:Authority G.S. 113134; 113273; 50 C.F.R., Part 21.13;

Eff. January 1, 1981;

Amended Eff. May 1, 2008; June 1, 2005.



(a)  The following species of resident wildlife are designated as federallylisted endangered species:
None Listed At This Time.

(A)Bachman's warbler (Vermivora bachmanii);

(B)Ivorybilled woodpecker (Campephilus principalis);

(C)Kirtland's warbler (Dendroica kirtlandii);

(D)Piping plover (Charadrius melodus circumcinctus);

(E)Redcockaded woodpecker (Picoides borealis);

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008


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