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APPROVED RULES

protected, according to the particular circumstances, within which the traps must be set.  The Executive Director or agent may also state in a permit authorizing trapping whether or not bait may be used and the type of bait, if any, that is authorized.  In addition to any trapping restrictions that may be contained in the permit the method of trapping must be in accordance with the requirements and restrictions imposed by G.S. 113291.6 and other local laws passed by the General Assembly.  No depredation permit shall authorize the use of poisons or pesticides in taking wildlife except in accordance with the provisions of the North Carolina Pesticide Law of 1971, the Structural Pest Control Act of 1955, and G.S. 113, Article 22A.  No depredation permit shall authorize the taking of wildlife by any method by any landholder upon the lands of another.
(3)Intentional Wounding.  It is unlawful for any landholder, with or without a depredation permit, intentionally to wound a wild animal in a manner so as not to cause its immediate death as suddenly and humanely as the circumstances permit.
(d)  Disposition of Wildlife Taken:
(1)Generally.  Except as provided by the succeeding Subparagraphs of this Paragraph, any wildlife killed accidentally or without a permit while committing depredations shall be buried or otherwise disposed of in a safe and sanitary manner on the property.  Wildlife killed under a depredation permit may be transported to an alternate disposal site if desired.  Anyone in possession of carcasses of animals being transported under a depredation permit must have the depredation permit in their possession.  Except as provided by the succeeding Subparagraphs of (d)(2) through (6) of this Rule, all wildlife killed under a depredation permit must be buried or otherwise disposed of in a safe and sanitary manner.
(2)Deer.  The edible portions of up to five deer may be retained by the landholder for consumption but must not be transported from the property where the depredations took place without a valid depredation permit.  An enforcement officer, if so requested by the permittee, shall provide the permittee a written authorization for the use by a charitable organization of the edible portions of the carcass.  The nonedible portions of the carcass, including head, hide, feet, and antlers, shall be disposed of as specified in
Subparagraph (1) of this Paragraph or turned over to a wildlife enforcement officer for disposition.  When a deer is accidentally killed on a road or highway by reason of collision with a motor vehicle, the law enforcement officer who investigates the accident shall, upon request of the operator of the vehicle, provide such operator a written permit authorizing him to possess and transport the carcass of such deer for his personal and lawful use, including delivery of such carcass to a second person for his private use or the use by a charitable organization upon endorsement of such permit to such person or organization by name and when no money or other consideration of value is received for such delivery or endorsement.
(3)Fox.  Any fox killed accidentally shall be disposed of in the manner provided by Subparagraph (1) or (6) of this Paragraph.  Any fox killed under a depredation permit may be disposed of in the same manner or, upon compliance with the fur tagging requirements of 15A NCAC 10B .0400, the carcass or pelt thereof may be sold to a licensed fur dealer.  Any live fox taken under a depredation permit may be sold to a licensed controlled hunting preserve for fox in accordance with G.S. 113273(g).
(4)Furbearing Animals.  The carcass or pelt of any furbearing animal killed during the open season for taking such furbearing animal either accidentally or for control of depredations to property, whether with or without a permit, may be sold to a licensed fur dealer provided that the person offering such carcass or pelt for sale has a valid hunting or trapping license, provided further that, bobcats and otters may only be sold upon compliance with any required fur tagging requirement set forth in 15A NCAC 10B .0400.
(5)Animals Taken Alive.  Wild animals in the order Carnivora and beaver shall be humanely euthanized either at the site of capture or at a facility designed to humanely handle the euthanasia or released on the property where captured.  Animals transported or held for euthanasia must be euthanized within 12 hours of capture.  Anyone in possession of live animals being transported for relocation or euthanasia under a depredation permit must have the depredation permit in their possession.
(6)A person killing a wild bird or wild animal accidentally with a motor vehicle or finding a dead wild bird or wild animal which was

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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