North Carolina register, July 1998 - present

              This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 22 ● ISSUE 11 ● Pages 921 - 1161
December 3, 2007
I. IN ADDITION
Decision Letters on "Changes Affecting Voting" from US Attorney General ...... 921 – 922
Tax Review Board................................................................................................. 923 – 934
Brownfields Property – United Furniture Industries NC, LLC ............................. 935
Brownfields Property – Liberty + Plus Convenient, LLC..................................... 936
Brownfields Property – Silvergirls, LLC .............................................................. 937
II. PROPOSED RULES
Environment and Natural Resources, Department of
Wildlife Resources Commission ........................................................................... 942 – 1017
Health and Human Services, Department of
Medical Care Commission .................................................................................... 938 – 942
Occupational Licensing Boards and Commissions
Medical Board....................................................................................................... 1017 – 1021
III. APPROVED RULES .............................................................................................. 1022 – 1137
Agriculture and Consumer Services, Department of
Department
Administrative Hearings, Office of
Office of Administrative Hearings
Commerce, Department of
ABC Commission
Environment and Natural Resouces, Department of
Public Heath, Commission for
Radiation Protection Commission
Wildlife Resources Commission
Health and Human Services, Department of
Child Care Commission
Department
Public Health, Commission for
Social Services Commission
Justice, Department of
Criminal Justice Education and Training Standards Commission
Private Protective Services Board
Occupational Licensing Boards and Commission
Appraisal Board
Chiropractic Examiners, Board of
Locksmith Licensing Board
Massage and Bodywork Therapy, Board of
Occupational Therapy, Board of
Secretary of State, Office of
Secretary of State
IV. RULES REVIEW COMMISSION........................................................................ 1138 – 1154
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions............................................................................................. 1155 – 1157
Text of ALJ Decisions
07 INS 0037 .......................................................................................................... 1157 – 1161
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
Capehart-Crocker House (919) 733-2678
424 North Blount Street (919) 733-3462 FAX
Raleigh, North Carolina 27601-2817
contact: Molly Masich, Codifier of Rules molly.masich@ncmail.net (919) 733-3367
Dana Vojtko, Publications Coordinator dana.vojtko@ncmail.net (919) 733-2679
Julie Edwards, Editorial Assistant julie.edwards@ncmail.net (919) 733-2696
Felicia Williams, Editorial Assistant felicia.s.williams@ncmail.net (919) 733-3361
Rule Review and Legal Issues
Rules Review Commission
1307 Glenwood Ave., Suite 159 (919) 733-2721
Raleigh, North Carolina 27605 (919) 733-9415 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@ncmail.net (919) 715-8655
Bobby Bryan, Commission Counsel bobby.bryan@ncmail.net (919) 733-0928
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: Nathan Knuffman, Economist III nathan.Knuffman@ncmail.net (919)807-4728
Jonathan Womer, Asst. State Budget Officer jonathan.womer@ncmail.net (919)807-4737
Governor’s Review
Reuben Young reuben.young@ncmail.net
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street(919)
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Anita Watkins awatkins@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2007 – December 2007
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
(first legislative
day of the next
regular session)
270th day from publication
in the Register
21:13 01/02/07 12/07/06 01/17/07 03/05/07 03/20/07 05/01/07 05/08 09/29/07
21:14 01/16/07 12/20/06 01/31/07 03/19/07 03/20/07 05/01/07 05/08 10/13/07
21:15 02/01/07 01/10/07 02/16/07 04/02/07 04/20/07 06/01/07 05/08 10/29/07
21:16 02/15/07 01/25/07 03/02/07 04/16/07 04/20/07 06/01/07 05/08 11/12/07
21:17 03/01/07 02/08/07 03/16/07 04/30/07 05/21/07 07/01/07 05/08 11/26/07
21:18 03/15/07 02/22/07 03/30/07 05/14/07 05/21/07 07/01/07 05/08 12/10/07
21:19 04/02/07 03/12/07 04/17/07 06/01/07 06/20/07 08/01/07 05/08 12/28/07
21:20 04/16/07 03/23/07 05/01/07 06/15/07 06/20/07 08/01/07 05/08 01/11/08
21:21 05/01/07 04/10/07 05/16/07 07/02/07 07/20/07 09/01/07 05/08 01/26/08
21:22 05/15/07 04/24/07 05/30/07 07/16/07 07/20/07 09/01/07 05/08 02/09/08
21:23 06/01/07 05/10/07 06/16/07 07/31/07 08/20/07 10/01/07 05/08 02/26/08
21:24 06/15/07 05/24/07 06/30/07 08/14/07 08/20/07 10/01/07 05/08 03/11/08
22:01 0702/07 06/11/07 07/17/07 08/31/07 09/20/07 11/01/07 05/08 03/28/08
22:02 07/16/07 06/22/07 07/31/07 09/14/07 09/20/07 11/01/07 05/08 04/11/08
22:03 08/01/07 07/11/07 08/16/07 10/01/07 10/22/07 12/01/07 05/08 04/27/08
22:04 08/15/07 07/25/07 08/30/07 10/15/07 10/22/07 12/01/07 05/08 05/11/08
22:05 09/04/07 08/13/07 09/19/07 11/05/07 11/20/07 01/01/08 05/08 05/31/08
22:06 09/17/07 08/24/07 10/02/07 11/16/07 11/20/07 01/01/08 05/08 06/13/08
22:07 10/01/07 09/10/07 10/16/07 11/30/07 12/20/07 02/01/08 05/08 06/27/08
22:08 10/15/07 09/24/07 10/30/07 12/14/07 12/20/07 02/01/08 05/08 07/11/08
22:09 11/01/07 10/11/07 11/16/07 12/31/07 01/21/08 03/01/08 05/08 07/28/08
22:10 11/15/07 10/25/07 11/30/07 01/14/08 01/21/08 03/01/08 05/08 08/11/08
22:11 12/03/07 11/08/07 12/18/07 02/01/08 02/20/08 04/01/08 05/08 08/29/08
22:12 12/17/07 11/26/07 01/01/08 02/15/08 02/20/08 04/01/08 05/08 09/12/08
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
IN ADDITION
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Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been approved
by the Codifier of Rules for publication.
IN ADDITION
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
United Furniture Industries NC, LLC
Pursuant to N.C.G.S. 130A-310.34, United Furniture Industries NC, LLC has filed with the North Carolina Department of
Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") in Trinity,
Randolph County, North Carolina. The Property, known as the former Conitron site, where former operations have included chair,
textile, mattress and boat/canoe/kayak manufacturing, consists of approximately 54.8 acres and is located at 3761 Old Glenola Road.
Environmental contamination exists on the Property in groundwater. United Furniture Industries NC, LLC has committed itself to
furniture manufacturing, warehousing and distribution on the Property. The Notice of Intent to Redevelop a Brownfields Property
includes: (1) a proposed Brownfields Agreement between DENR and United Furniture Industries NC, LLC, which in turn includes (a)
a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the
Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and remediation;
and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Archdale Public Library, 10433 South
Main St. (Hwy 311), Archdale NC 27263 by contacting the Branch Manager of the library at (336) 431-3811; or at NC Brownfields
Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 by contacting Shirley Liggins at that address, at shirley.liggins@ncmail.net,
or at (919) 508-8411, where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the
documents.
Written public comments may be submitted to DENR within 30 days after the date this Notice is published in a newspaper of
general circulation serving the area in which the brownfields property is located, or in the North Carolina Register, whichever is later.
Written requests for a public meeting may be submitted to DENR within 21 days after the period for written public comments begins.
Thus, if United Furniture Industries NC, LLC, as it plans, publishes this Summary in the North Carolina Register after it publishes the
Summary in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects
publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests
for a public meeting regarding this project and for submitting written public comments will commence on December 4, 2007. All
such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
936
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Liberty + Plus Convenient, LLC
Pursuant to N.C.G.S. 130A-310.34, Liberty + Plus Convenient, LLC has filed with the North Carolina Department of
Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") in Winston-
Salem, Forsyth County, North Carolina. The Property consists of 0.56 acres and is located at 3305 North Liberty Street.
Environmental contamination exists on the Property in soil and groundwater. Liberty + Plus Convenient, LLC has redeveloped the
Property as a convenience store/gas station, and has committed itself to make no use of the Property other than for that or, with prior
written DENR approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed
Brownfields Agreement between DENR and Liberty + Plus Convenient, LLC, which in turn includes (a) a map showing the location
of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated
description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed
Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the City Manager's Office, 101 North
Main Street, Winston Salem, NC 27101 by contacting Lee Garrity at that address or at 336-727-2123; or at the offices of the N.C.
Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 (where DENR will provide auxiliary aids and services for
persons with disabilities who wish to review the documents) by contacting Shirley Liggins at that address, at
shirley.liggins@ncmail.net, or at (919) 508-8411.
Written public comments, may be submitted to DENR within 30 days after the date this Notice is published in a newspaper of
general circulation serving the area in which the brownfields property is located, or in the North Carolina Register, whichever is later.
Written requests for a public meeting may be submitted to DENR within 21 days after the period for written public comments begins.
Thus, if Liberty + Plus Convenient, LLC, as it plans, publishes this Summary in the North Carolina Register after it publishes the
Summary in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects
publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests
for a public meeting regarding this project and for submitting written public comments will commence on December 4, 2007. All
such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
SilverGirls, LLC
Pursuant to N.C.G.S. 130A-310.34, SilverGirls, LLC has filed with the North Carolina Department of Environment and
Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") in Charlotte, Mecklenburg County,
North Carolina. The Property consists of 0.85 acres and is located at 900 North College Street. The Property is bordered to the north
by the former location of a Holiday Inn motel, to the south and southeast by railroad tracks and the site of the former Consolidated
Metals facility (the subject of N.C. Brownfields Project No. 07009-03-60, now in residential use), to the east by land in commercial
use, and to the west by Brookshire Freeway/Interstate I-277. Environmental contamination exists on the Property in soil and
groundwater. SilverGirls, LLC has committed itself to make no use of the Property other than for residential, retail and other
commercial purposes as defined in the Brownfields Agreement referenced in the next sentence. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and SilverGirls, LLC, which in turn includes
(a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of
the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Public Library of Charlotte &
Mecklenburg County, 310 N. Tryon St., Charlotte, NC 28202 by contacting Rita Rouse at that address or at (704) 336-2725; or at the
offices of the N.C. Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 (where DENR will provide auxiliary aids
and services for persons with disabilities who wish to review the documents) by contacting Shirley Liggins at that address, at
shirley.liggins@ncmail.net, or at (919) 508-8411.
Written public comments, may be submitted to DENR within 30 days after the date this Notice is published in a newspaper of
general circulation serving the area in which the brownfields property is located, or in the North Carolina Register, whichever is later.
Written requests for a public meeting may be submitted to DENR within 21 days after the period for written public comments begins.
Thus, if SilverGirls, LLC, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary in a
newspaper of general circulation serving the area in which the brownfields property is located, and if it effects publication of this
Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public
meeting regarding this project and for submitting written public comments will commence on December 4, 2007. All such comments
and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
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Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Medical Care Commission intends to adopt the rules
cited as 10A NCAC 13F .1601 - .1605; 13G .1601 - .1605.
Proposed Effective Date: April 1, 2008
Public Hearing:
Date: January 22, 2008
Time: 10:00 a.m.
Location: Room 201 Council Building, NC Division of Health
Service Regulation, Dorothea Dix Campus, 701 Barbour Drive,
Raleigh, NC 27603
Reason for Proposed Action: The proposed adoption will
establish rules for inspection rating certificates for adult care
homes and family care homes pursuant to G.S. 131D-10 which
resulted from Section 3(b) of Senate Bill 56.
Procedure by which a person can object to the agency on a
proposed rule: An individual may object to the agency on the
proposed rules by submitting written comments on the proposed
rule. They may also object by attending the public hearing and
personally voice their objections during that time.
Comments may be submitted to: Nadine Pfeiffer, 2701 Mail
Service Center, Raleigh, NC 27699-2701, phone (919) 855-
3758, fax (919) 733-2757, email Nadine.Pfeiffer@ncmail.net
Comment period ends: February 1, 2008
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact: A copy of the fiscal note can be obtained from
the agency.
State
Local
Substantive (>$3,000,000)
None
CHAPTER 13 – NC MEDICAL CARE COMMISSION
SUBCHAPTER 13F – LICENSING OF HOMES FOR THE
AGED AND INFIRM
SECTION .1600 – RATED CERTIFICATES
10A NCAC 13F .1601 SCOPE
(a) This Section shall apply to all licensed adult care homes that
have been in operation for more than one year.
(b) As used in this Section a "rated certificate" means a
certificate issued to an adult care home on or after January 1,
2009 and based on factors contained in G.S. 131D-10.
Authority G.S. 131D-4.5; 131D-10.
10A NCAC 13F .1602 ISSUANCE OF RATED
CERTIFICATES
(a) A rated certificate shall be issued to the facility by the
Division of Health Service Regulation within 45 days
completion of the activity set out in Rule .1604.
(b) If the facility experiences a change of ownership, the rated
certificate in effect at the time of the change of ownership shall
remain in effect until the next annual survey or until a new rating
is issued pursuant to Rule .1604(b) of this Subchapter.
(c) The certificate and any worksheet the Division uses to
calculate the rating shall be posted in a place in the facility
visible to residents, staff and visitors.
(d) The facility may contest the rating by requesting a contested
case hearing pursuant to G.S. 150B. The rating and any
subsequent ratings shall remain in effect during any contested
case hearing process.
Authority G.S. 131D-4.5; 131D-10.
10A NCAC 13F .1603 STATUTORY AND RULE
REQUIREMENTS AFFECTING RATED CERTIFICATES
The following Statutes and Rules shall comprise the standards
that contribute to rated certificates:
(1) G.S. 131D-21 Resident's Rights;
(2) 10A NCAC 13F .0300 Physical Plant
Requirements;
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
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(3) 10A NCAC 13F .0700 Admission and
Discharge Requirements;
(4) 10A NCAC 13F .0800 Resident Assessment
and Care Plan;
(5) 10A NCAC 13F .0900 Resident Care and
Services;
(6) 10A NCAC 13F .1000 Medication
Management;
(7) 10A NCAC 13F .1300 Special Care Units for
Alzheimer's and Related Disorders;
(8) 10A NCAC 13F .1400 Special Care Units for
Mental Health Disorders; and
(9) 10A NCAC 13F .1500 Use of Physical
Restraints and Alternatives.
Authority G.S. 131D-4.5; 131D-10.
10A NCAC 13F .1604 RATING CALCULATION
(a) Ratings shall be based on:
(1) Inspections completed pursuant to G.S. 131D-
2(b)(1a)a;
(2) Statutory and Rule requirements contained in
Rule .1603;
(3) Type A or uncorrected Type B penalty
violations identified pursuant to G.S. 131D-34;
and
(4) Other items contained in Subparagraphs (c)(1)
and (c)(2) of this Rule.
(b) The initial rating a facility receives shall remain in effect
until the next inspection. If an activity occurs which results in
the assignment of additional merit or demerit points, a new
certificate shall be issued pursuant to Rule .1602(a).
(c) The rating shall be based on a 100 point scale. Beginning
with the initial rating and repeating with each annual inspection,
the facility shall be assigned 100 points and shall receive merits
or demerits, which shall be added or subtracted from the 100
points, respectively. The merits and demerits shall be assigned as
follows:
(1) Merit Points
(A) If the facility corrects citations of
noncompliance with the statutes or
rules listed in Rule .1603 of this
Subchapter, which are not related to
the identification of a Type A
violation or an uncorrected Type B
violation, the facility shall receive
1.25 merit points for each corrected
deficiency;
(B) If the facility receives only standard
citations on its annual inspection with
no Type A or Type B violations and
the rating from the annual inspection
is one star, the facility may request
DHSR to conduct a follow-up
inspection not less than 60 days after
the date of the annual inspection. As
determined by the follow-up review,
the facility shall receive 1.25 merit
points for each corrected deficiency;
(C) If the facility corrects the citation for
which a Type A violation was
identified, the facility shall receive 5
merit points;
(D) If the facility corrects a previously
uncorrected Type B violation, the
facility shall receive 2.5 merit points;
(E) If the facility's admissions have been
suspended, the facility shall receive 5
merit points if the suspension is
removed;
(F) If the facility participates in any
quality improvement program
approved by the Department, the
facility shall receive 2.5 merit points;
(G) If the facility receives NC NOVA
special licensure designation, the
facility shall receive 2.5 merit points;
(H) On or after the effective date of this
Rule, if the facility permanently
installs a generator or has a contract
with a generator provider to provide
emergency power for essential
functions of the facility, the facility
shall receive 2 merit points. For
purposes of this Section, essential
functions mean those functions
necessary to maintain the health or
safety of residents during power
outages greater than 6 hours. If the
facility has an existing permanently
installed generator or an existing
contract with a generator provider,
the facility shall receive 1 merit point
for maintaining the generator in
working order or continuing the
contract with a generator provider;
and
(I) On or after the effective date of this
Rule, if the facility installs automatic
sprinklers in compliance with the
North Carolina Building Code, the
facility shall receive 3 merit points. If
the facility has an existing automatic
sprinkler, the facility shall receive 2
merit points for subsequent ratings
for maintaining the automatic
sprinklers in good working order.
(2) Demerit Points
(A) For each citation of noncompliance
with the statutes or rules listed in
Rule .1603 of this Subchapter, the
facility shall receive a demerit of 2
points. The facility shall receive
demerit points only once for citations
in which the findings are identical to
those findings used for another
citation;
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22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
940
(B) For each citation of a Type A
violation, the facility shall receive a
demerit of 10 points;
(C) For each uncorrected Type B
violation, the facility shall receive a
demerit of 5 points;
(D) If the facility's admissions are
suspended, the facility shall receive a
demerit of 10 points; however, if the
facility's admissions are suspended
pursuant to G.S. 131D-4.2, the
facility shall not receive any demerit
points; and
(E) If the facility receives a notice of
revocation against its license, the
facility shall receive a demerit of 15
points.
(d) Facilities shall be given a rating of one to four stars
depending on the score assigned pursuant to Paragraph (a), (b) or
(c) of this Rule. Ratings shall be assigned as follows:
(1) Four stars shall be assigned to any facility
whose score is 100 points or greater and has
received NC NOVA special licensure
designation;
(2) Three stars shall be assigned for scores of 90 –
99.9 points;
(3) Two stars shall be assigned for scores of 80 –
89.9 points; and
(4) One star shall be assigned for scores of 79.9
points or lower.
Authority G.S. 131D-4.5; 131D-10.
10A NCAC 13F .1605 CONTENTS OF RATED
CERTIFICATE
(a) The certificate shall contain a rating determined pursuant to
Rule .1604 of this Subchapter. The rating shall be printed on the
certificate in bold type with a font not less than 24.
(b) The certificate or accompanying worksheet from which the
score is derived shall contain a breakdown of the point merits
and demerits by the factors listed in Rules .1603 and .1604(c) of
this Subchapter in a manner that the public can determine how
the rating was assigned and the factors that contributed to the
rating.
(c) The certificate shall be printed on the same type of paper
that is used to print the facility's license.
Authority G.S. 131D-4.5; 131D-10.
SUBCHAPTER 13G – LICENSING OF FAMILY CARE
HOMES
SECTION .1600 – RATED CERTIFICATES
10A NCAC 13G .1601 SCOPE
(a) This Section shall apply to all licensed family care homes
that have been in operation for more than one year.
(b) As used in this Section a "rated certificate" means a
certificate issued to a family care home on or after January 1,
2009 and based on factors contained in G.S. 131D-10.
Authority G.S. 131D-4.5; 131D-10.
10A NCAC 13G .1602 ISSUANCE OF RATED
CERTIFICATES
(a) A rated certificate shall be issued to the facility by the
Division of Health Service Regulation within 45 days
completion of the activity set out in Rule .1604.
(b) If the facility experiences a change of ownership, the rated
certificate in effect at the time of the change of ownership shall
remain in effect until the next annual survey or until a new rating
is issued pursuant to Rule .1604(b) of this Subchapter.
(c) The certificate and any worksheet the Division uses to
calculate the rating shall be posted in a place in the facility
visible to residents, staff and visitors.
(d) The facility may contest the rating by requesting a contested
case hearing pursuant to G.S. 150B. The rating and any
subsequent ratings shall remain in effect during any contested
case hearing process.
Authority G.S. 131D-4.5; 131D-10.
10A NCAC 13G .1603 STATUTORY AND RULE
REQUIREMENTS AFFECTING RATED CERTIFICATES
The following Statutes and Rules shall comprise the standards
that contribute to rated certificates:
(1) G.S. 131D-21 Resident's Rights;
(2) 10A NCAC 13G .0300 The Building;
(3) 10A NCAC 13G .0700 Admission and
Discharge Requirements;
(4) 10A NCAC 13G .0800 Resident Assessment
and Care Plan;
(5) 10A NCAC 13G .0900 Resident Care and
Services;
(6) 10A NCAC 13G .1000 Medications; and
(7) 10A NCAC 13G .1300 Use of Physical
Restraints and Alternatives.
Authority G.S. 131D-4.5; 131D-10.
10A NCAC 13G .1604 RATING CALCULATION
(a) Ratings shall be based on:
(1) Inspections completed pursuant to G.S. 131D-
2(b)(1a)a;
(2) Statutory and Rule requirements contained in
Rule .1603;
(3) Type A or uncorrected Type B penalty
violations identified pursuant to G.S. 131D-34;
and
(4) Other items contained in Subparagraphs (c)(1)
and (c)(2) of this Rule.
(b) The initial rating a facility receives shall remain in effect
until the next inspection. If an activity occurs which results in
the assignment of additional merit or demerit points, a new
certificate shall be issued pursuant to Rule .1602(a).
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22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
941
(c) The rating shall be based on a 100 point scale. Beginning
with the initial rating and repeating with each annual inspection,
the facility shall be assigned 100 points and shall receive merits
or demerits, which shall be added or subtracted from the 100
points, respectively. The merits and demerits shall be assigned as
follows:
(1) Merit Points
(A) If the facility corrects citations of
noncompliance with the statutes or
rules listed in Rule .1603 of this
Subchapter, which are not related to
the identification of a Type A
violation or an uncorrected Type B
violation, the facility shall receive
1.25 merit points for each corrected
deficiency;
(B) If the facility receives only standard
citations on its annual inspection with
no Type A or Type B violations and
the rating from the annual inspection
is one star, the facility may request
DHSR to conduct a follow-up
inspection not less than 60 days after
the date of the annual inspection. As
determined by the follow-up review,
the facility shall receive 1.25 merit
points for each corrected deficiency;
(C) If the facility corrects the citation for
which a Type A violation was
identified, the facility shall receive 5
merit points;
(D) If the facility corrects a previously
uncorrected Type B violation, the
facility shall receive 2.5 merit points;
(E) If the facility's admissions have been
suspended, the facility shall receive 5
merit points if the suspension is
removed;
(F) If the facility participates in any
quality improvement program
approved by the Department, the
facility shall receive 2.5 merit points;
(G) If the facility receives NC NOVA
special licensure designation, the
facility shall receive 2.5 merit points;
(H) On or after the effective date of this
Rule, if the facility permanently
installs a generator or has a contract
with a generator provider to provide
emergency power for essential
functions of the facility, the facility
shall receive 2 merit points. For
purposes of this Section, essential
functions mean those functions
necessary to maintain the health or
safety of residents during power
outages greater than 6 hours. If the
facility has an existing permanently
installed generator or an existing
contract with a generator provider,
the facility shall receive 1 merit point
for maintaining the generator in
working order or continuing the
contract with a generator provider;
and
(I) On or after the effective date of this
Rule, if the facility installs automatic
sprinklers in compliance with the
North Carolina Building Code, the
facility shall receive 3 merit points. If
the facility has an existing automatic
sprinkler, the facility shall receive 2
merit points for subsequent ratings
for maintaining the automatic
sprinklers in good working order.
(2) Demerit Points
(A) For each citation of noncompliance
with the statutes or rules listed in
Rule .1603 of this Subchapter, the
facility shall receive a demerit of 2
points. The facility shall receive
demerit points only once for citations
in which the findings are identical to
those findings used for another
citation;
(B) For each citation of a Type A
violation, the facility shall receive a
demerit of 10 points;
(C) For each uncorrected Type B
violation, the facility shall receive a
demerit of 5 points;
(D) If the facility's admissions are
suspended, the facility shall receive a
demerit of 10 points; however, if the
facility's admissions are suspended
pursuant to G.S. 131D-4.2, the
facility shall not receive any demerit
points; and
(E) If the facility receives a notice of
revocation against its license, the
facility shall receive a demerit of 15
points.
(d) Facilities shall be given a rating of one to four stars
depending on the score assigned pursuant to Paragraph (a), (b) or
(c) of this Rule. Ratings shall be assigned as follows:
(1) Four stars shall be assigned to any facility
whose score is 100 points or greater and has
received NC NOVA special licensure
designation;
(2) Three stars shall be assigned for scores of 90 –
99.9 points;
(3) Two stars shall be assigned for scores of 80 –
89.9 points; and
(4) One star shall be assigned for scores of 79.9
points or lower.
Authority G.S. 131D-4.5; 131D-10.
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
942
10A NCAC 13G .1605 CONTENTS OF RATED
CERTIFICATE
(a) The certificate shall contain a rating determined pursuant to
Rule .1604 of this Subchapter. The rating shall be printed on the
certificate in bold type with a font not less than 24.
(b) The certificate or accompanying worksheet from which the
score is derived shall contain a breakdown of the point merits
and demerits by the factors listed in Rules .1603 and .1604(c) of
this Subchapter in a manner that the public can determine how
the rating was assigned and the factors that contributed to the
rating.
(c) The certificate shall be printed on the same type of paper
that is used to print the facility's license.
Authority G.S. 131D-4.5; 131D-10.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Wildlife Resources Commission intends to
amend the rules cited as 15A NCAC 10B .0216, .0404; 10H
.0101, .0301, .0904.
Proposed Effective Date: May 1, 2008
Public Hearing:
Date: January 3, 2008
Time: 7:00 p.m.
Location: Wildlife Resources Commission Headquarters, Room
118 (auditorium), 1751 Varsity Drive, Raleigh, NC
Reason for Proposed Action:
15A NCAC 10B .0216 – To simplify the current rules on
falconry.
15A NCAC 10B .0404 – Clarify that trappers need to obtain
tags for fox, bobcat and otter before leaving NC.
15A NCAC 10H .0101 – Allow controlled shooting preserve
operators to propagate game birds under their operator
licenses.
15A NCAC 10H .0301 – To conform rules pertaining to
rehabilitation of fawns to current practice.
15A NCAC 10H .0904 – Correct a reference in this rule to
paragraph (b) of Rule 15A NCAC 10H .0901 to refer instead to
Item (2).
Procedure by which a person can object to the agency on a
proposed rule: Any person who wishes to object to the
proposed rules may do so by writing (or emailing) the person
specified in connection with a given rule within the public
comment period set up for these rules. For these rules, the
contact person is Joan Troy.
Comments may be submitted to: Joan Troy, 1717 Mail
Service Center, Raleigh, NC 27699-1717
Comment period ends: February 1, 2008
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
SUBCHAPTER 10B - HUNTING AND TRAPPING
SECTION .0200 - HUNTING
15A NCAC 10B .0216 FALCONRY
(a) Seasons. Except as provided in Paragraphs (d) and (e) of
this Rule, the open seasons for the practice of falconry as
permitted by the rules contained in 15A NCAC 10H .0800 shall
coincide with the regular open seasons contained in this Section
for squirrels, rabbits, quail, ruffed grouse and pheasant, and with
the open seasons set forth in the Code of Federal Regulations for
migratory game birds in this state.
(b) Bag Limits. The daily bag, possession and season limits set
forth in this Section for squirrels, rabbits, quail, ruffed grouse
and pheasant and the daily bag, field possession, and total
possession limits set forth in the Code of Federal Regulations for
migratory game birds shall apply to falconry except as provided
in Paragraph (e) of this Rule.
(c) Out of Season Kills. When any raptor being used in
falconry kills any species of wildlife for which there is no open
season or a species of game on which the season is then closed,
the falconer or person using such raptor shall not take such dead
wildlife into his possession but shall leave the same where it lies,
provided that the said raptor may be allowed to feed on such
dead wildlife before leaving the site of the kill. If the species so
killed is a resident species of game on which there is a season
limit, the kill shall be included as part of the season limit of the
person using the raptor for falconry.
(d) Hunting After Limit TakenTaken. After a falconer has
acquired the daily bag, possession or season limit of any lawful
species, regardless of the manner of taking, the falconer shall not
release any raptor.
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22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
943
(1) When any falconer shall have taken a daily
bag limit of any species of wildlife named or
included in Paragraph (a) of this Rule,
regardless of the manner of such taking, such
falconer shall not release any raptor during the
remainder of the day.
(2) When any falconer shall have in his actual or
constructive possession a possession limit of
any species of wildlife named or included in
Paragraph (a) of this Rule, regardless of the
manner in which such limit was taken, such
falconer shall not thereafter release any raptor
for falconry purposes until the number of such
species in his possession shall be reduced to a
number below such possession limit.
(3) When any falconer shall have taken a season
limit of any species of wildlife named in
Paragraph (a) of this Rule, regardless of the
manner in which such limit was taken, such
falconer shall not during the remainder of the
applicable falconry season release any raptor
for falconry purposes.
(e) Extented Extended Seasons. An extended falconry season
on gray and red squirrels and rabbits shall be the Monday on or
nearest October 15 until the last day of February. Bag limits for
those portions of the season outside the regular seasons shall be
4 squirrels daily, Possession 8; and 3 rabbits daily, Possession 6.
Authority G.S. 113-134; 113-270.3(b)(4); 50 C.F.R. 21.28; 50
C.F.R. 21.29.
SECTION .0400 - TAGGING FURS
15A NCAC 10B .0404 TRAPPERS AND HUNTERS
(a) Every fox taken in an area of open season as provided by
G.S. 113-291.4 shall be tagged at the scene of taking.
(b) Every person taking any bobcat or otter in this State, or any
foxes under a depredation permit, general statute, rule, or local
law that permits taking, shall obtain and affix the proper tag to
the necessary tags and affix each carcass or pelt with a proper
tag before selling or transferring the same to any other person or
transporting the same for any purpose, except that:
(1) A person may transport the same from the
place of taking to his North Carolina residence
and from his North Carolina residence to a fur
tag agent or taxidermist's place of business.
(2) A person may transport the same from the
place of taking to the nearest place in this State
where the appropriate tag may be obtained.
(3) The carcass, pelt or mounted specimen is
exempt from tagging requirements while in the
taxidermist's place of business or after the
mount is completed.
(4) A licensed trapper may take live foxes during
any legal trapping season, except foxes taken
under G.S. 113-291.4, without tagging them
and sell them to a licensed controlled hunting
preserve for fox in accordance with G.S.
113-273(g).
(5) A person may take live foxes pursuant to a
valid depredation permit issued under G.S.
113-274(c)(1a), without tagging them and sell
them to a licensed controlled hunting preserve
for fox in accordance with G.S. 113-273(g).
No carcass or pelt of any bobcat, otter or fox taken within this
State may be removed from the state without a proper fur tag
having been affixed thereto, except a licensed taxidermist may
ship the same to a tannery for processing. Any carcass or pelt
remaining in a person's possession, possession after the end of
the season, except those in a licensed taxidermist's place of
business or his taxidermy preservation facility, after the end of
the season shall be properly tagged by him within 10 days
following the close of such season.
(c) In any case where the taking of foxes with weapons or traps
and the sale thereof is authorized by local legislation, except live
foxes taken by licensed trappers who live-trap foxes for sale
during any open season or persons who take live foxes pursuant
to a depredation permit in accordance with Rule .0409 of this
Section, the hunter or trapper taking any such fox shall, in the
absence of a specific provision to the contrary, obtain and affix
the carcass or pelt with a proper tag before selling or transferring
the same to any other person, or transporting the same for any
purpose than as authorized by Paragraph (a) of this Rule.
Authority G.S. 113-134; 113-276.1; 113-291.4; S.L. 1985, chs.
108, 179, 180, 664 and 722.
SUBCHAPTER 10H - REGULATED ACTIVITIES
SECTION .0100 - CONTROLLED HUNTING
PRESERVES FOR DOMESTICALLY RAISED GAME
BIRDS
15A NCAC 10H .0101 LICENSE TO OPERATE
A controlled hunting preserve license shall entitle the holder or
holders and their guests, to kill or take, during an extended
season, starting October 1 and ending March 31, on such
preserves by shooting only, and without regard to sex or bag
limits, guests on that preserve to take or kill by shooting only,
and without regard to sex or bag limits, starting October 1 and
ending March 31, domestically-raised 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.
Authority G.S. 113-134; 113-273.
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
944
SECTION .0300 - HOLDING WILDLIFE IN CAPTIVITY
15A NCAC 10H .0301 GENERAL 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.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 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. 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
May 17, 2002, until the U.S.
Department of Agriculture (USDA)
establishes a Chronic Wasting
Disease (CWD) program that
includes a test to detect Chronic
Wasting Disease along with
requirements for monitoring cervids
that shall establish a basis for
determining whether a cervid and any
cervid herd or farm with which the
tested cervid has resided has been
free of CWD for five years, provided
that the program, test and monitoring
requirements are recommended for
application to wild animals by the
Southeastern Cooperative Wildlife
Disease Study.
(3) Required Facilities. No captivity license shall
be issued until the applicant has constructed or
acquired a facility for keeping the animal or
bird in captivity that complies with the
standards set forth in Rule .0302 of this
Section and the adequacy of such facility has
been verified on inspection by a representative
of the Commission.
(4) Term of License
(A) Dependent Wildlife. If the wild
animal or wild bird has been
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
945
permanently rendered incapable of
subsisting in the wild, the license
authorizing its retention in captivity
shall be an annual license terminating
on December 31 of the year for which
issued.
(B) Rehabilitable Wildlife. When the
wild animal or wild bird is
temporarily incapacitated, and may be
rehabilitated for release to the wild,
any captivity license that is issued
shall be for a period less than one
year as rehabilitation may require.
(C) Concurrent Federal Permit. No State
captivity license for an endangered or
threatened species or a migratory
bird, regardless of the term specified,
shall operate to authorize retention
thereof for a longer period than is
allowed by any concurrent federal
permit that may be required for
retention of the bird or animal.
(5) Holders of Captivity License for cervids.
(A) Inspection of records. The licensee
shall make all records pertaining to
tags, licenses or permits issued by the
Commission available for inspection
by the Commission at any time
during normal business hours, or at
any time an outbreak of CWD is
suspected or confirmed within five
miles of the facility or within the
facility itself.
(B) Inspection. The licensee shall make
all enclosures at each licensed facility
and the record-book(s) documenting
required monitoring of the outer fence
of the enclosure(s) available for
inspection by the Commission at any
time during normal business hours, or
at any time an outbreak of CWD is
suspected or confirmed within five
miles of the facility or within the
facility itself.
(C) Fence Monitoring Requirement. The
fence surrounding the enclosure shall
be inspected by the licensee or
licensee's agent once a week during
normal weather conditions to verify
its stability and to detect the existence
of any conditions or activities that
threaten its stability. In the event of
severe weather or any other condition
that presents potential for damage to
the fence, inspection shall occur
every three hours until cessation of
the threatening condition, except that
no inspection shall be required under
circumstances that threaten the safety
of the person conducting the
inspection.
(D) A record-book shall be maintained to
record the time and date of the
inspection, the name of the person
who performed the inspection, and
the condition of the fence at time of
inspection. The person who performs
the inspection shall enter the date and
time of detection and the location of
any damage threatening the stability
of the fence. If damage has caused
the fence to be breachable, the
licensee shall enter a description of
measures taken to prevent ingress or
egress by cervids. Each record-book
entry shall bear the signature or
initials of the licensee attesting to the
veracity of the entry. The record-book
shall be made available to
inspection by a representative of the
Commission upon request during
normal business operating hours.
(E) Maintenance. Any opening or
passage through the enclosure fence
that results from damage shall, within
one hour of detection, be sealed or
otherwise secured to prevent a cervid
from escape. Any damage to the
enclosure fence that threatens its
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;
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
946
(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
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
947
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
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
948
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.
(d) Nontransferable. No license or permit or tag issued pursuant
to this Rule shall be transferable, either as to the holder or the
site of a holding facility.
(e) Sale, Transfer or Release of Captive Wildlife.
(1) It is unlawful for any person to transfer or
receive any wild animal or wild bird that is
being held under a captivity permit issued
under Paragraph (b) of this Rule, except that
any such animal or bird may be surrendered to
an agent of the Commission.
(2) It is unlawful for any person holding a
captivity license issued under Paragraph (c) of
this Rule to sell or transfer the animal or bird
held under such license, except that such
animal or bird may be surrendered to an agent
of the Commission, and any such licensee may
sell or transfer the animal or bird (except
members of the family Cervidae) to another
person who has obtained a license to hold it in
captivity. Upon such a sale or transfer, the
seller or transferor shall obtain a receipt for the
animal or bird showing the name, address, and
license number of the buyer or transferee, a
copy of which shall be provided to the
Commission.
(3) It is unlawful for any person to release into the
wild for any purpose or allow to range free:
(A) any species of deer, elk or other
members of the family Cervidae, or
(B) any wolf, coyote, or other non-indigenous
member of the family
Canidae, or
(C) any member of the family Suidae.
(f) Transportation Permit.
(1) Except as otherwise provided herein, no
transportation permit shall be required to move
any lawfully held wild animal or wild bird
within the State.
(2) No person shall transport black bear or
Cervidae for any purpose without first
obtaining a transportation permit from the
Commission.
(3) Except as provided in Subparagraph (f)(4) of
this Rule, no transportation permits shall be
issued for deer, elk, or other species in the
family Cervidae until the U.S. Department of
Agriculture (USDA) establishes a Chronic
Wasting Disease (CWD) program that
includes a test to detect Chronic Wasting
Disease, along with requirements for
monitoring cervids that shall establish a basis
for determining whether a cervid and any
cervid herd or farm on which the tested animal
has resided has been free of CWD for five
years, provided that the program, test and
monitoring requirements are recommended for
application to wild animals by the
Southeastern Cooperative Wildlife Disease
Study.
(4) Cervid Transportation. A permit to transport
deer, elk, or other species in the family
Cervidae may be issued by the Commission to
an applicant for the purpose of transporting the
animal or animals for export out of state, to a
slaughterhouse for slaughter or to a veterinary
medical facility for treatment provided that the
animal for which the permit is issued does not
exhibit clinical symptoms of Chronic Wasting
Disease. No person shall transport a cervid to
slaughter or export out of state without bearing
a copy of the transportation permit issued by
the Commission authorizing that
transportation. No person shall transport a
cervid for veterinary treatment without having
obtained approval from the Commission as
provided by Subparagraph (f)(4)(C) of this
Rule. Any person transporting a cervid shall
present the transportation permit to any law
enforcement officer or any representative of
the Commission upon request, except that a
person transporting a cervid by verbal
authorization for veterinary treatment shall
provide the name of the person who issued the
approval to any law enforcement officer or any
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
949
representative of the Commission upon
request.
(A) Slaughter. Application for a
transportation permit for purpose of
slaughter shall be submitted in
writing to the Commission and shall
include the following information
along with a statement and applicant's
signature verifying that the
information is accurate:
(i) Applicant name, mailing
address, and telephone
number;
(ii) Facility site address;
(iii) Captivity license number;
(iv) Name, address, county and
phone number of the
slaughter house to which the
cervid will be transported;
(v) Vehicle or trailer license
plate number and state of
issuance of the vehicle or
trailer used to transport the
cervid;
(vi) Name and location of the
North Carolina Department
of Agriculture Diagnostic
lab where the head of the
cervid is to be submitted for
CWD testing;
(vii) Date of transportation;
(viii) Species and sex of each
cervid; and
(ix) Tag number(s) for each
cervid.
(B) Exportation. Nothing in this rule
shall be construed to prohibit the
lawful exportation of a member of the
family Cervidae for sale out of state.
Application for a transportation
permit for purpose of exportation out
of state shall be submitted in writing
to the Commission and shall include
the following information along with
a statement and applicant's signature
verifying that the information is
accurate:
(i) Applicant's name, mailing
address and telephone
number;
(ii) Facility site address;
(iii) Captivity license number;
(iv) Vehicle or trailer license
plate number and state of
issuance of the vehicle or
trailer used to transport the
cervid;
(v) Name, site address, county,
state and phone number of
the destination facility to
which the cervid is exported;
(vi) A copy of the importation
permit from the state of the
destination facility that
names the destination
facility to which the animal
is to be exported;
(vii) Date of departure;
(viii) Species and sex of each
cervid; and
(ix) Tag number(s)for each
cervid.
(C) Veterinary treatment. No approval
shall be issued for transportation of a
cervid to a veterinary clinic out of the
state of North Carolina, or for
transportation from a facility out of
the state of North Carolina to a
veterinary clinic in North Carolina.
An applicant from a North Carolina
facility seeking to transport a cervid
for veterinary treatment to a facility
within North Carolina shall contact
the Wildlife Telecommunications
Center or the Wildlife Management
Division of the Commission to obtain
verbal authorization to transport the
cervid to a specified veterinary clinic
and to return the cervid to the facility.
Verbal approval to transport a cervid
to a veterinary clinic shall authorize
transport only to the specified
veterinary clinic and directly back to
the facility, and shall not be construed
to permit intervening destinations.
To obtain verbal authorization to
transport, the applicant shall provide
staff of the Commission the
applicant's name and phone number,
applicant's facility name, site address
and phone number, the cervid
species, sex and tag numbers, and the
name, address and phone number of
the veterinary facility to which the
cervid shall be transported. Within
five days of transporting the cervid to
the veterinary facility for treatment,
the licensee shall provide the
following information in writing to
the Commission, along with a
statement and applicant's signature
verifying that the information is
correct:
(i) Applicant's name, mailing
address and telephone
number;
(ii) Facility name and site
address;
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
950
(iii) Captivity license number;
(iv) Vehicle or trailer license
plate number and state of
issuance of the vehicle or
trailer used to transport the
cervid;
(v) Date of transportation;
(vi) Species and sex of each
cervid;
(vii) Tag number(s)for each
cervid;
(viii) Name, address and phone
number of the veterinarian
and clinic that treated the
cervid;
(ix) Symptoms for which cervid
received treatment; and
(x) Diagnosis of veterinarian
who treated the cervid.
(g) Slaughter at cervid facility. Application for a permit for
purpose of slaughter at the cervid facility shall be submitted in
writing to the Commission and shall include the following
information along with a statement and applicant's signature
verifying that the information is accurate:
(1) Applicant name, mailing address, and
telephone number;
(2) Facility site address;
(3) Captivity license number;
(4) Name and location of the North Carolina
Department of Agriculture Diagnostic lab
where the head of the cervid is to be submitted
for CWD testing;
(5) Date of slaughter;
(6) Species and sex of each cervid; and
(7) Tag number(s) for each cervid.
Permits or authorization may not be sold or traded by the
licensee to any individual for the hunting or collection of captive
cervids. Only the licensee may kill a cervid within the cervid
enclosure.
(h) No provision within this Rule other than those that permit
transport for export, slaughter or veterinary treatment shall be
construed to permit transportation of cervids until restrictions on
transportation provided within this Subchapter, and 15A NCAC
10B .0101 no longer apply.
Authority G.S. 106-549.97(b); 113-134; 113-272.5; 113-272.6;
113-274.
SECTION .0900 – GAME BIRD PROPAGATORS
15A NCAC 10H .0904 DISPOSITION OF BIRDS OR
EGGS
(a) Diseased Birds. No game bird propagator licensed under
this Section shall knowingly sell or otherwise transfer possession
of any live game bird that shows evidence of any communicable
disease, except that such transfer may be made to a qualified
veterinarian or pathologist for examination and diagnosis.
Disposition of any game bird having a communicable disease in
a manner not likely to infect wild game bird populations shall be
the responsibility of the licensee.
(b) Waterfowl shall be tested as follows:
(1) Waterfowl shall be tested for Avian Influenza
(AI) and Exotic Newcastle Disease (END) by
use of serological screening methods and
according to the following sample sizes:
<100 birds - test 95% of source flock or
shipment
101-200 birds - test 44% of source flock or
shipment
201-300 birds - test 26% of source flock or
shipment
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 Paragraph (b) of 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
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
951
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 Paragraph (b) of 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.
Authority G.S. 113-134; 113-273; 50 C.F.R., Part 21.13.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Wildlife Resources Commission intends to
adopt the rules cited as 15A NCAC 10B .0125; 10C .0601 -
.0603 and amend the rules cited as 15A NCAC 10B .0106, .0119,
.0201 - .0203, .0205 - .0207, .0302 - .0303; 10C .0107, .0205 -
.0206, .0305, .0401 - .0402, .0404, .0503; 10D .0102 - .0103;
10I .0103 - .0105.
Proposed Effective Date: May 1, 2008
Public Hearing:
Date: January 7, 2008
Time: 7:00 p.m.
Location: Courthouse, 106 E Broad Street, Elizabethtown, NC
Public Hearing:
Date: January 9, 2008
Time: 7:00 p.m.
Location: Courthouse, 212 W. Elm Street, Graham, NC
Public Hearing:
Date: January 10, 2008
Time: 7:00 p.m.
Location: South Stanly High School, 40488 South Stanly School
Road, Norwood, NC
Public Hearing:
Date: January 15, 2008
Time: 7:00 p.m.
Location: Morganton Municipal Auditorium, 401 South College
Street, Morganton, NC
Public Hearing:
Date: January 16, 2008
Time: 7:00 p.m.
Location: Southwestern Community College, 447 College
Drive, Sylva, NC
Public Hearing:
Date: January 17, 2008
Time: 7:00 p.m.
Location: Starmount High School, 2516 Longtown Road,
Boonville, NC
Public Hearing:
Date: January 22, 2008
Time: 7:00 p.m.
Location: Swain Auditorium, 100 Court Street, Edenton, NC
Public Hearing:
Date: January 23, 2008
Time: 7:00 p.m.
Location: Courthouse, 302 Broad Street, New Bern, NC
Public Hearing:
Date: January 24, 2008
Time: 7:00 p.m.
Location: Annex Building, District Courtroom, 102 S. Main
Street, Louisburg, NC
Reason for Proposed Action:
15A NCAC 10B .0106 – To amend the rule to set forth
additional circumstances under which a depredation permit may
be issued.
15A NCAC 10B .0119 – To amend the rule to clarify language
on the taking of reptiles and amphibians and to add provisions
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
952
that limit the number of certain turtles that may be collected per
calendar year.
15A NCAC 10H .0125 – This rule is proposed for the purpose of
regulating the possession of mute swans.
15A NCAC 10B .0201 – To amend the rule so that falconers are
able to hunt on Sundays.
15A NCAC 10B .0202 – To adjust the season for bear.
15A NCAC 10B .0203 – To adjust the season for white tailed
deer.
15A NCAC 10B .0205 – To adjust bag limits and season for
raccoon.
15A NCAC 10B .0206 – To adjust bag limits and seasons for
squirrels.
15A NCAC 10B .0216 – To adjust bag limit and season for
rabbits.
15A NCAC 10B .0302 – To adjust provisions pertaining to
seasons and taking of furbearing animals (as defined in G.S. 113
– 129(7a)), coyotes and groundhogs.
15A NCAC 10B .0303 – To adjust bag limits for furbearers (as
defined in G.S. 113-129(7a)), coyotes, groundhogs.
15A NCAC 10C .0107 – To adjust provision regarding striped
bass and striped bass hybrids.
15A NCAC 10C .0205 – To adjust seasons.
15A NCAC 10C .0206 – To clarify provisions applicable to
trotline, set-hooks and jug hooks.
15A NCAC 10C .0305 – To adjust creel and size limits.
15A NCAC 10C .0401 – Adjustment of herring limits.
15A NCAC 10C .0402 – To adjust provisions that apply to the
manner in which nongame fishes may be taken for bait or
personal consumption and to change the title of the rule to
reflect the change that adds "personal consumption" to the rule.
15A NCAC 10C .0404 – To remove automobile tires from the
description of traps that may be used under a special device
fishing license and specify that collapsible crab traps are not
permissible for use under a special device fishing license.
15A NCAC 10C .0503 – To adjust boundaries for primary
nursery areas.
15A NCAC 10C .0601 – To describe the scope and purpose of
rules affecting the spawning areas of anadromous fishes.
15A NCAC 10C .0602 – To define anadromous fish spawning
areas.
15A NCAC 10C .0603 – To describe the boundaries for
anadromous fish spawning areas.
15A NCAC 10D .0102 – To move the camping restrictions for
Butner-Falls of the Neuse, Caswell and Sandhills game lands
that are listed in this rule to the list of restrictions applied to
each one of these game lands individually in 15A NCAC 10D
.0103 Hunting on Game Lands.
15A NCAC 10D .0103 – To move the camping restrictions for
Butner-Falls of the Neuse, Caswell and Sandhills game lands
that are listed 15A NCAC 10D .0102 General Regulations
Regarding Use to the list of restrictions applied to each one of
these game lands individually in this rule; add Halifax County to
the description of Shocco Creek Game Land; and change the
description of Mitchell River Game Land from a six day per
week area to a three day per week area.
15A NCAC 10I .0103 – .0105 - To conform species' names to
federal conventions.
Procedure by which a person can object to the agency on a
proposed rule: Any person who wishes to object to the
proposed rules may do so by writing (or emailing) the person
specified in connection with a given rule within the public
comment period set up for these rules. For these rules, the
contact person is Joan Troy.
Comments may be submitted to: Joan Troy, 1717 Mail
Service Center, Raleigh, NC 27699-1717, email
joan.troy@ncwildlife.org
Comment period ends: February 1, 2008
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
SUBCHAPTER 10B - HUNTING AND TRAPPING
SECTION .0100 - GENERAL REGULATIONS
15A NCAC 10B .0106 WILDLIFE TAKEN FOR
DEPREDATIONS OR ACCIDENTALLY
(a) Depredation Permit:
(1) Endangered or Threatened Species. No permit
shall be issued to take any endangered or
threatened species of wildlife listed under 15A
NCAC 10I by reason of depredations to
property. An individual may take an
endangered or threatened species in immediate
defense of his own life or of the lives of others
without a permit. Any endangered or
threatened species which may constitute a
demonstrable but non-immediate threat to
human safety shall be reported to a federal or
state wildlife enforcement officer, who, upon
verification of the report, may take or remove
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
953
the specimen as provided by 15A NCAC 10I
.0102.
(2) Other Wildlife Species. Except as provided in
Subparagraph (1) of this Paragraph, the
Executive Director or an agent of the Wildlife
Resources Commission may, upon application
of a landholder and after such investigation of
the circumstances as he may require, issue a
permit to such landholder to take any species
of wildlife which is or has been damaging or
destroying his property provided there is
evidence of property damage in excess of fifty
dollars ($50.00). No permit may be issued for
the taking of any migratory birds and other
federally protected animals unless a
corresponding valid U.S. Fish and Wildlife
Service depredation permit has been issued.
The permit shall name the species allowed to
be taken and, in the discretion of the Executive
Director or an agent, may contain limitations
as to age, sex or any other condition within the
species so named. The permit may be used
only by the landholder or another person
named on the permit.
(3) Special Circumstances. In addition to the
circumstances described in Subparagraph (2)
of this Paragraph, the Executive Director or his
designee may issue a permit to a person or
persons for take of wildlife resources in
circumstances of overabundance or when the
wildlife resources present a danger to human
safety. Municipalities must first attempt to use
the Urban Archery Season to remedy an
overabundance of deer before the Executive
Director or his designee will issue a
depredation permit for deer overabundance.
(3)(4) Wildlife Damage Control Agents: Upon
completion of a training course designed for
the purpose of reviewing and updating
information on wildlife laws and safe, humane
wildlife handling techniques and
demonstration of a knowledge of wildlife laws
and safe, humane wildlife handling techniques,
an individual with no record of wildlife law
violations may apply to the Wildlife Resources
Commission (Commission) to become a
Wildlife Damage Control Agent (WDCA).
Those persons who demonstrate knowledge of
wildlife laws and safe, humane wildlife
handling techniques by a passing score of at
least 85 percent on a written examination
provided by a representative of the Wildlife
Resources Commission in cooperation with
the training course provider shall be approved.
Those persons failing to obtain a passing score
will be given one chance for re-testing without
re-taking the course. Those persons approved
as agents by the Commission may then issue
depredation permits to landholders and be
listed as a second party to provide the control
service. WDCAs may not issue depredation
permits for big game animals, bats, or species
listed as endangered, threatened or special
concern under 15A NCAC 10I .0103, .0104
and .0105 of this Chapter. WDCAs must
report to the Wildlife Resources Commission
the number and disposition of animals taken,
by county, annually. Records must be
available for inspection by a Wildlife
Enforcement officer at any time during normal
business hours. Wildlife Damage Control
Agent status may be revoked at any time by
the Executive Director when there is evidence
of violations of wildlife laws, failure to report,
or inhumane treatment of animals by the
WDCA. A WDCA may not charge for the
permit, but may charge for his or her
investigations and control services. In order to
maintain a knowledge of current laws, rules,
and techniques, each WDCA must renew his
or her agent status every three years by
showing proof of having attended at least one
training course provided for the purpose of
reviewing and updating information on
wildlife laws and safe, humane wildlife
handling techniques within the previous 12
months.
(b) Term of Permit. Each depredation permit issued by the
Executive Director or an agent shall have entered thereon a date
or time of expiration after which date or time the same shall
become invalid for any purpose, except as evidence of lawful
possession of any wildlife that may be retained thereunder.
(c) Manner of Taking:
(1) Taking Without a Permit. Wildlife taken
without a permit while committing
depredations to property may, during the open
season on the species, be taken by the
landholder by any lawful method. During the
closed season such depredating wildlife may
be taken without a permit only by the use of
firearms.
(2) Taking With a Permit. Wildlife taken under a
depredation permit may be taken only by the
method or methods specifically authorized by
the permit. When trapping is authorized, in
order to limit the taking to the intended
purpose, the permit may specify a reasonable
distance from the property sought to be
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. 113-291.6 and
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22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
954
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.
113-273(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 killed
accidentally may possess that wild bird or wild
animal for a period not to exceed 10 days for
the purpose of delivering it to a licensed
taxidermist for preparation. The licensed
taxidermist may accept the wild bird or wild
animal after satisfying himself that the animal
was killed accidentally. The taxidermist shall
certify and record the circumstances of
acquisition as determined by the injuries to the
animal. Licensed taxidermists shall keep
accurate records of each wildlife specimen
received pursuant to the rule as required by
15A NCAC 10H .1003 of this Chapter. Upon
delivery of the finished taxidermy product to
the person presenting the animal, the
taxidermist shall give the person a receipt
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
955
indicating the sex and species, date of
delivery, circumstances of initial acquisition
and the name, address, and signature of the
taxidermist. The receipt shall be permanently
affixed to the back or bottom of the finished
product and shall be retained by the person for
as long as the mounted specimen is kept.
Mounted specimens possessed pursuant to this
Rule may not be sold and, if such specimens
are transferred by gift or inheritance, the new
owner must retain the permit to document the
legality of possession. This provision does not
allow possession of accidentally killed raptors;
nongame migratory birds; species listed as
endangered, threatened, or of special concern
under 15A NCAC 10I .0103, .0104, and .0105
of this Chapter; black bear or wild turkey.
(7) Edible portions of wild boar taken under
depredation permit may be retained by the
landowner for consumption or, if stipulated on
the permit, donated to a charitable food
organization.
(e) Reporting Requirements. Any landholder who kills a deer,
bear or wild turkey under a currently valid depredation permit
shall report such kill on the form provided with the permit and
mail the form immediately upon the expiration date to the
Wildlife Resources Commission. The killing and method of
disposition of every game animal and game bird, every
furbearing animal, and every nongame animal or nongame bird
for which there is no open season, when killed for committing
depredations to property, without a permit, shall be reported to
the Wildlife Resources Commission within 24 hours following
the time of such killing, except that when the carcass or pelt of a
fox, killed under a depredation permit, or of a furbearing animal,
killed with or without a permit, is lawfully sold to a licensed fur
dealer in this State the fur dealer is required to report the source
of acquisition and no report is required of the seller.
Authority G.S. 113-134; 113-273; 113-274; 113-291.4;
113-291.6; 113-300.1; 113-300.2; 113-307; 113-331; 113-333;
113-334(a); 113-337.
15A NCAC 10B .0119 WILDLIFE COLLECTORS
(a) Collection Licenses. The Executive Director is authorized to
license qualified individuals to take or collect any species of
wildlife resources except that endangered, threatened, special
concern species and spotted turtles (Clemmys guttata) may not
be taken or collected except under a special permit issued by the
Executive Director for research purposes. This Rule shall not
prohibit an individual from killing an endangered, threatened, or
special concern species in defense of his own life or the lives of
others without a permit. Individuals who hold annually collect
less than five reptiles or less than 25 amphibians that are not on
the endangered, threatened or special concern lists and not
including spotted turtles (Clemmys guttata) are exempted from
this license requirement. Such license shall be issued upon
payment of a fee in accordance with the General Statutes, except
that licenses may be issued to representatives of educational or
scientific institutions or of governmental agencies without
charge. Such license shall be used in lieu of any other hunting
or trapping license required by law and shall authorize
possession and transportation of the wildlife incidental to the
authorized taking, except that it shall not authorize the taking,
possession or transportation of any species of wildlife in
violation of federal laws or regulations.
(b) Limits on collection. Individuals shall collect no more than
10 turtles from the family Chelydridae (snapping turtles) per day
and no more than 100 per calendar year. Individuals shall
collect no more than 10 turtles from the family Kinosternidae
(mud and musk turtles) per day and no more than 100 per
calendar year.
(b)(c) Qualifications of Licensees. In addition to
representatives of educational and scientific institutions and
governmental agencies the collection license may be issued to
any individual for any purpose when such is not deemed
inimical to the efficient conservation of the species to be
collected or to some other wildlife species that may be
dependent thereon.
(c)(d) Methods of Taking. The manner of taking wildlife
resources under a collection license may be specified by the
Executive Director pursuant to G.S. 113-272.4(d) and need not
be restricted to the usual methods of hunting or trapping.
(d)(e) Term of License. The Executive Director may, pursuant
to G.S. 113-272.4(c), impose time limits and other restrictions
on the duration of any collection license, but unless so restricted
the license shall be valid from January 1 through December 31
of the applicable year.
(e)(f) Report of Collecting Activity. Each individual licensed
under this Rule shall submit a written report to the Executive
Director within 15 days following the date of expiration of the
license. The report shall be on a form supplied by the Wildlife
Resources Commission and shall show the numbers of each
species taken under the license and the use or disposition
thereof. The Executive Director may require additional
information for statistical purposes such as the dates and places
of the taking and the sex, size, weight, condition, and
approximate age of each specimen taken. Such additional
information may be required on the form of report or by a
separate writing accompanying the form.
(f)(g) Other Requirements and Restrictions. The Executive
Director may, pursuant to G.S. 113-272.4(d), impose such other
requirements and restrictions on persons licensed under this Rule
as he may deem to be necessary to the efficient administration of
the wildlife conservation laws and regulations.
Authority G.S. 113-134; 113-272.4.
15A NCAC 10B .0125 RELEASE OF MUTE SWANS
It is unlawful for any individual to release any mute swan
(Cygnus olor) into the public waters of North Carolina. Any
individual who releases a mute swan on private property must
ensure before release that the animal has been pinioned.
Individuals who currently confine mute swans on their property
must pinion all of their mute swans by January 1, 2009.
Authority G.S. 113-292(d).
SECTION .0200 - HUNTING
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
956
15A NCAC 10B .0201 PROHIBITED TAKING AND
MANNER OF TAKE
(a) It is unlawful for any person to take, or have in possession,
any wild animal or wild bird listed in this Section except during
the open seasons and in accordance with the limits herein
prescribed, or as prescribed by 15A NCAC 10B .0300 pertaining
to trapping or by 15A NCAC 10D applicable to game lands
managed by the Wildlife Resources Commission, unless
otherwise specifically permitted by law. Lawful seasons and
bag limits for each species apply beginning with the first day of
the listed season and continue through the last day of the listed
season, with all dates being included except Sundays. On
military installations under the exclusive jurisdiction of the
federal government and for those individuals engaged in the
practice of falconry, the open seasons include Sundays. When
any hunting season ends on a January 1 that falls on a Sunday,
that season is extended to Monday, January 2.
(b) Those animals not classified as game animals in G.S. 113-
129(7c), and for which a season is set under this Section, may be
taken during the hours and methods authorized for taking game
animals.
Note: Where local laws govern hunting, or are in conflict with
these regulations, the local law shall prevail.
Authority G.S. 103-2; 113-291.1(a); 113-134; 113-291.2;
113-291.3.
15A NCAC 10B .0202 BEAR
(a) Open Seasons for bear shall be from the:
(1) Monday on or nearest October 15 to the
Saturday before Thanksgiving and the third
Monday after Thanksgiving to January 1 in
and west of the boundary formed by I-77 from
the Virginia State line to the intersection with
I-40, continuing along I-40 west until the
intersection of NC 18 and NC 18 to the South
Carolina State line.
(2) Second Monday in November to the following
Saturday and the third Monday after
Thanksgiving to the following Wednesday in
all of Hertford County and Martin counties;
and in the following parts of counties:
Halifax: that part east of US 301.
Northampton: that part east of US 301.
(3) Second Monday in November to January 1 in
all of Bladen, Carteret, Cumberland, Duplin,
New Hanover, Onslow, Pender and Sampson
counties.
(4) First Monday in December to the third
Saturday thereafter in Brunswick and
Columbus counties.
(5) Second Monday in November to the following
Saturday and the third Monday after
Thanksgiving to the fifth Saturday after
Thanksgiving in all of Beaufort, Camden,
Chowan, Craven, Dare, Hyde, Jones, Pamlico,
Pasquotank, Tyrrell, and Washington counties.
(6) Saturday preceding the second Monday in
November to the following Saturday and the
third Monday after Thanksgiving to the fifth
Saturday after Thanksgiving in Bertie,
Currituck, Gates and Perquimans counties.
(7) Second Monday in November to the following
Saturday in Greene, Lenoir and Pitt counties.
(b) No Open Season. There is no open season in any area not
included in Paragraph (a) of this Rule or in those parts of
counties included in the following posted bear sanctuaries:
Avery, Burke and Caldwell counties--Daniel Boone
bear sanctuary
Beaufort, Bertie and Washington counties--Bachelor
Bay bear sanctuary
Beaufort and Pamlico counties--Gum Swamp bear
sanctuary
Bladen County--Suggs Mill Pond bear sanctuary
Brunswick County--Green Swamp bear sanctuary
Buncombe, Haywood, Henderson and Transylvania
counties--Pisgah bear sanctuary
Carteret, Craven and Jones counties--Croatan bear
sanctuary
Clay County--Fires Creek bear sanctuary
Columbus County--Columbus County bear sanctuary
Currituck County--North River bear sanctuary
Dare County--Bombing Range bear sanctuary except by
permit only
Haywood County--Harmon Den bear sanctuary
Haywood County--Sherwood bear sanctuary
Hyde County--Gull Rock bear sanctuary
Hyde County--Pungo River bear sanctuary
Jackson County--Panthertown-Bonas Defeat bear
sanctuary
Macon County--Standing Indian bear sanctuary
Macon County--Wayah bear sanctuary
Madison County--Rich Mountain bear sanctuary
McDowell and Yancey counties--Mt. Mitchell bear
sanctuary except by permit only.
Mitchell and Yancey counties--Flat Top bear sanctuary
Wilkes County--Thurmond Chatham bear sanctuary
(c) Bag limits shall be:
(1) daily, one;
(2) possession, one;
(3) season, one.
(d) Kill Reports. The carcass of each bear shall be tagged and
the kill reported as provided by 15A NCAC 10B .0113.
Authority G.S. 113-134; 113-291.2; 113-291.7; 113-305.
15A NCAC 10B .0203 DEER (WHITE-TAILED)
(a) Closed Season. All counties and parts of counties not listed
under the open seasons in Paragraph (b) in this Rule shall be
closed to white-tailed deer hunting.
(b) Open Seasons (All Lawful Weapons)
(1) Deer With Visible Antlers. Deer with antlers
or spikes protruding through the skin, as
distinguished from knobs or buttons covered
by skin or velvet, may be taken during the
following seasons:
PROPOSED RULES
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957
(A) Saturday on or nearest October 15
through January 1 in all of Beaufort,
Bertie, Bladen, Brunswick, Camden,
Carteret, Chowan, Columbus*,
Cumberland, Craven, Currituck,
Dare, Duplin, Edgecombe, Franklin,
Gates, Greene, Halifax, Harnett,
Hertford, Hoke, Hyde, Johnston,
Jones, Lenoir, Martin, Nash, New
Hanover, Northampton, Onslow,
Pamlico, Pasquotank, Pender,
Perquimans, Pitt, Richmond**,
Robeson, Sampson, Scotland**,
Tyrrell, Vance, Wake, Warren,
Washington, Wayne, and Wilson
counties, and the following parts of
counties:
Moore**: All of the county except
that part north of NC 211 and west of
US 1.
*Unlawful to hunt or kill deer in Lake
Waccamaw or within 50 yards of its
shoreline.
**Refer to 15A NCAC 10D .0103(f)
10D .0103(h) for seasons on
Nicholson Creek, Rockfish Creek and
Sandhills Game Lands.
(B) Saturday before Thanksgiving
through the fourth Saturday after
Thanksgiving Day in all Alexander,
Alleghany, Ashe, Catawba,
Cleveland*, Davie, Forsyth, Gaston,
Iredell, Lincoln, Rutherford*, Stokes,
Surry, Watauga, Wilkes,Wilkes*, and
Yadkin counties. * Refer to 15A
NCAC 10D .0103(h) for seasons on
South Mountains and Buffalo Cove
game lands.
(C) Monday of Thanksgiving week
through the third Saturday after
Thanksgiving Day in all of Avery,
Buncombe, Burke, Caldwell,
Cherokee, Clay, Graham, Haywood,
Henderson, Jackson, Macon,
Madison, McDowell, Mitchell, Polk,
Swain, Transylvania, and Yancey
counties.
(D) Two Saturdays before Thanksgiving
through January 1 in all of Alamance,
Anson, Cabarrus, Caswell, Chatham,
Davidson, Durham, Granville,
Guilford, Lee, Mecklenburg,
Montgomery, Orange, Person,
Randolph, Rockingham, Rowan,
Stanly, and Union counties, and in the
following parts of counties:
Moore: That part north of NC 211
and west of US 1.
(E) Saturday on or nearest September 10
through January 1 in those parts of
Camden, Gates and Pasquotank
counties known as the Dismal Swamp
National Wildlife Refuge, in those
parts of Hyde, Tyrrell and
Washington counties known as the
Pocosin Lakes National Wildlife
Refuge, in those parts of Anson and
Richmond counties known as the Pee
Dee National Wildlife Refuge, and in
that part of Currituck County known
as the Mackay Island National
Wildlife Refuge.
(F) Monday of Thanksgiving week
through the fifth Saturday after
Thanksgiving Day in all of Cleveland
and Rutherford counties, except for
South Mountain Game Land.
(2) Deer of Either Sex. Except on Game Lands,
deer of either sex may be taken during the
open seasons and in the counties and portions
of counties listed in this Subparagraph (Refer
to 15A NCAC 10D . 0103 for either sex
seasons on Game Lands):
(A) The open either-sex deer hunting
dates established by the U.S. Fish and
Wildlife Service during the period
from the Saturday on or nearest
September 10 through January 1 in
those parts of Camden, Gates and
Pasquotank counties known as the
Dismal Swamp National Wildlife
Refuge, in those parts of Hyde,
Tyrrell and Washington counties
known as the Pocosin Lakes National
Wildlife Refuge, in those parts of
Anson and Richmond counties known
as the Pee Dee National Wildlife
Refuge, and in that part of Currituck
County known as the Mackay Island
National Wildlife Refuge.
(B) The open either-sex deer hunting
dates established by the appropriate
military commands during the period
from Saturday on or nearest October
15 through January 1 in that part of
Brunswick County known as the
Sunny Point Military Ocean
Terminal, in that part of Craven
County known and marked as Cherry
Point Marine Base, in that part of
Onslow County known and marked
as the Camp Lejeune Marine Base, on
Fort Bragg Military Reservation, and
on Camp Mackall Military
Reservation.
(C) Youth either sex deer hunts. First
Saturday in October for youth either
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
958
sex deer hunting by permit only on a
portion of Belews Creek Steam
Station in Stokes County designated
by agents of the Commission and the
third Saturday in October for youth
either-sex deer hunting by permit
only on Mountain Island State Forest
in Lincoln and Gaston counties; and
the second Saturday in November for
youth either-sex deer hunting by
permit only on apportion of Warrior
Creek located on W. Kerr Scott
Reservoir, Wilkes County designated
by agents of the Commission.
(D) The last open day of the Deer with
Visible Antlers season described in
Subparagraph (b)(1) of this Rule in
all of Buncombe, Haywood,
Henderson, Madison and
Transylvania counties and the
following parts of counties:
Avery: That part south of the Blue
Ridge Parkway;
Dare, except the Outer Banks north of
Whalebone;
Scotland: That part south of US 74;
and
Yancey: That part south of US 19 and
US 19E.
(E) The last six open days of the Deer
With Visible Antlers season
described in Subparagraph (b)(1) of
this Rule in all of Burke, Caldwell,
McDowell, Mitchell, Polk and the
following parts of counties:
Avery: That part north of the Blue
Ridge Parkway; andParkway;
Dare, except that part of the county
located on the Outer Banks north of
Whalebone; and
Yancey: That part north of US 19 and
US 19E.
(F) The first six open days and the last
six open days of the Deer with
Visible Antlers season described in
Subparagraph (b)(1) of this Rule in
all of Carteret, Catawba, Cleveland,
Gaston, Hoke, Lincoln, Richmond,
Robeson, Rutherford, and Watauga
counties and in the following parts of
counties:
Moore: All of the county except that
part north of NC 211 and west of US
1; and
Scotland: That part north of US 74.
(G) All the open days of the Deer With
Visible Antlers season described in
Subparagraph (b)(1) of this Rule in
all of Alamance, Alexander,
Alleghany, Anson, Ashe, Beaufort,
Bertie, Bladen, Brunswick, Cabarrus,
Camden, Carteret, Caswell, Chatham,
Chowan, Columbus, Cumberland,
Currituck, Craven, Davidson, Davie,
Duplin, Durham, Edgecombe,
Forsyth, Franklin, Gates, Granville,
Greene, Guilford, Halifax, Harnett,
Hertford, Hoke, Hyde, Iredell,
Johnston, Jones, Lee, Lenoir, Martin,
Mecklenburg, Montgomery, Moore,
Nash, New Hanover, Northampton,
Onslow, Orange, Pamlico,
Pasquotank, Pender, Perquimans,
Person, Pitt, Randolph, Richmond,
Rockingham, Rowan, Sampson,
Stanly, Stokes, Surry, Tyrrell, Union,
Vance, Wake, Warren, Washington,
Wilkes, Wayne, Wilson, and Yadkin
counties, and in the following parts of
counties:
Buncombe: That part east of NC 191,
south of the French Broad and
Swannanoa Rivers, west of US 25,
and north of NC 280;
Dare: That part of the Outer Banks
north of Whalebone;
Henderson. That part east of NC 191
and north and west of NC 280;NC
280.
Moore: That part north of NC 211
and west of US 1; and
Richmond: That part west of Little
River.
(c) Open Seasons (Bow and Arrow)
(1) Authorization. Subject to the restrictions set
out in Subparagraph (2) of this Paragraph and
the bag limits set out in Paragraph (f) of this
Rule, deer of either sex may be taken with bow
and arrow during the following seasons:
(A) Saturday on or nearest September 10
to the fourth Friday thereafter in the
counties and parts of counties having
the open season for Deer With
Visible Antlers specified by Part (A)
of Subparagraph (b)(1) of this Rule,
except on Nicholson Creek, Rockfish
Creek, and Sandhills Game Lands
and the area known as the Outer
Banks in Currituck County.
(B) Saturday on or nearest September 10
to the second Friday before
Thanksgiving in the counties
counties*and parts of counties having
the open seasons for Deer with
Visible Antlers specified by Part (B)
of Subparagraph (b)(1) of this Rule
except for that portion of Buffalo
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
959
Cove Game Land in Wilkes County.
Rule.
* Refer to 15A NCAC 10D .0103(h)
for seasons on South Mountains and
Buffalo Cove game lands.
(C) Monday on or nearest September 10
to the fourth Saturday thereafter, and
Monday on or nearest October 15 to
the Saturday before Thanksgiving in
the counties and parts of counties
having the open seasons for Deer
With Visible Antlers specified by
Part (C) of Subparagraph (b)(1) of
this Rule and in Cleveland and
Rutherford counties. Rule.
(D) Saturday on or nearest September 10
to the third Friday before
Thanksgiving in the counties and
parts of counties having the open
season for Deer With Visible Antlers
specified by Part (D) of Subparagraph
(b)(1) of this Rule, and on Nicholson
Creek, Rockfish Creek and Sandhills
Game Lands.
(2) Restrictions
(A) Dogs may not be used for hunting
deer during the bow and arrow
season.
(B) It is unlawful to carry any type of
firearm while hunting with a bow
during the bow and arrow deer
hunting season.
(C) Only bows and arrows of the types
authorized in 15A NCAC 10B .0116
for taking deer may be used during
the bow and arrow deer hunting
season.
(d) Open Seasons (Muzzle-Loading Rifles, Shotguns and Bow
and Arrow)
(1) Authorization. Subject to the restrictions set
out in Subparagraph (2) of this Paragraph, deer
may be taken only with muzzle-loading
firearms and, on private lands only, bow and
arrow (except that bow and arrow may be used
on designated and posted game land Archery
Zones) during the following seasons:
(A) The Saturday on or nearest October 8
to the following Friday in the
counties and parts of counties having
the open seasons for Deer With
Visible Antlers specified by Part (A)
of Subparagraph (b)(1) of this Rule,
except on Nicholson Creek, Rockfish
Creek and Sandhills Game Lands and
the area known as the Outer Banks in
Currituck County.
(B) The second Saturday preceding
Thanksgiving until the following
Friday in the counties counties* and
parts of counties having the open
seasons for Deer With Visible Antlers
specified by Part (B) of Subparagraph
(b)(1) of this Rule.
* Refer to 15A NCAC 10D .0103(h) for
seasons on South Mountains and
Buffalo Cove game lands.
(C) Monday on or nearest October 8 to
the following Saturday in Cleveland
and Rutherford counties and in the
counties and parts of counties having
the open seasons for Deer With
Visible Antlers specified by Part C of
Subparagraph (b)(1) of this Rule
(D) The third Saturday preceding
Thanksgiving until the following
Friday in the counties and parts of
counties having the open season for
Deer With Visible Antlers specified
by Part (D) of Subparagraph (b)(1) of
this Rule, and on Nicholson Creek,
Rockfish Creek and Sandhills Game
Lands.
(2) Restrictions
(A) Deer of either sex may be taken
during muzzle-loading firearms and
bow and arrow season in and east of
the following counties: Polk,
Rutherford, McDowell, Burke,
Caldwell, Wautauga, and Ashe. Deer
of either sex may be taken on the last
day of muzzle-loading firearms and
bow and arrow season in all other
counties.
(B) Dogs shall not be used for hunting
deer during the muzzle-loading
firearms and bow and arrow seasons.
(C) Pistols shall not be carried while
hunting deer during the muzzle-loading
firearms and bow and arrow
seasons.
(e) Open Season (Urban Season)
(1) Authorization. Subject to the restrictions set
out in Subparagraph (3) of this Paragraph and
the bag limits set out in Paragraph (f) of this
Rule, deer of either sex may be taken with bow
and arrow in participating cities in the state, as
defined in G.S. 160A-1(2), from the second
Saturday following January 1 to the fifth
Saturday thereafter. Deer shall not be taken on
any game land or part thereof that occurs
within a city boundary.
(2) Participation. Cities that intend to participate
in the urban season must send a letter to that
effect no later than April 1 of the year prior to
the start of the urban season to the Executive
Director or his designee. Cities must also
submit a map of the city's boundaries within
which the urban season shall apply.
PROPOSED RULES
22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007
960
(3) Restrictions:
(A) Dogs shall not be used for hunting
deer during the urban season.
(B) It is unlawful to carry any type of
firearm while hunting with a bow
during the urban season.
(C) Only bows and arrows of the types
authorized in 15A NCAC 10B .0116
for taking deer shall be used during
the urban season.
(f) In those counties or parts of counties listed in Part (b)(1)(A)
of Subparagraph (b)(1) of this Rule, the daily bag limit shall be
two and the possession limit six, two of which shall be
antlerless. The season limit shall be six, two of which shall be
antlerless. In all other counties or parts of counties, the The
daily bag limit shall be two and the possession limit six, four of
which shall be antlerless. The season limit shall be six, four of
which shall be antlerless. In addition to the bag limits described
above, a hunter may obtain multiple bonus antlerless deer
harvest report cards from the Wildlife Resources Commission or
any Wildlife Service Agent to allow the harvest of two
additional antlerless deer per card on private lands during any
open deer season in all counties and parts of counties of the State
identified in Part (G) of Subparagraph (b)(2) of this Rule.
Antlerless deer harvested and reported on the bonus antlerless
harvest report card shall not count as part of the possession and
season limit, however the daily bag limit shall be two. Hunters
may also use the bonus antlerless harvest report cards for deer
harvested during the season described in Paragraph (e) of this
Rule within the boundaries of participating municipalities,
except on state-owned game lands. Antlerless deer include
males with knobs or buttons covered by skin or velvet as
distinguished from spikes protruding through the skin. The
antlerless bag limits described above do not apply to antlerless
deer harvested in areas covered in the Deer Management
Assistance Program as described in G.S. 113-291.2(e).
Individual daily antlerless bag limits on these areas shall be
determined by the number of special tags, issued by the Division
of Wildlife Management as authorized by the Executive
Director, that shall be in the possession of the hunter. Season
antlerless bag limits shall be set by the number of tags available.
All antlerless deer harvested on these areas, regardless of the
date of harvest, shall be tagged with these special tags but the
hunter does not have to validate the Big Game Harvest Report
Card provided with the hunting license.
Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1;
113-291.2.
15A NCAC 10B .0205 RACCOON AND OPOSSUM
(a) Open Season: The open season for taking raccoon and
opossum shall be from sunrise Monday on or nearest October 15
through the last day of February.
(b) Bag Limits:
(1) The daily bag limit for raccoon is three and
there are no season and no possession limits.
shall be one per individual up to a maximum
of two per hunting party. The possession limit
shall be two and the season limit 20, except
that in and east of Rockingham, Guilford,
Randolph, Montgomery and Anson counties
the limits are 3 daily with a possession limit of
6 and a season limit of 30. The field
possession limit while hunting is the same as
the applicable daily limit.
(2) There is no restriction on bag limits for
opossum.
Note: See 15A NCAC 10B .0111 prohibiting axes, saws and
shooting in certain western counties.
Authority G.S. 113-134; 113-291.2.
15A NCAC 10B .0206 SQUIRRELS
(a) Open Seasons:
(1) Gray and Red Squirrels: Monday on or
nearest October 15 to January 31 statewide.
(2) Fox Squirrels: Monday on or nearest October
15 to December 31 in the counties of
Alleghany, Anson, Ashe, Bladen, Brunswick,
Cumberland, Duplin, Edgecombe, Greene,
Harnett, Hoke, Johnston, Jones, Lenoir,
Moore, New Hanover, Onslow, Pender, Pitt,
Richmond, Sampson, Scotland and Wayne.
(b) Bag Limits: Daily, eight; possession, 16; season, 75; These
statewide limits include the following limits of fox squirrels
taken in those counties having an open season: daily, one;
possession, two; season, 10.
(1) Gray and Red Squirrels: daily bag limit is
eight; there are no season and no possession
limits.
(2) Fox Squirrels: In those counties listed in
Subparagraph (a)(2) of this Rule, the daily bag
limit is one; the possession limit is two, and
the season limit is 10.
Authority G.S. 113-134; 113-291.2.
15A NCAC 10B .0207 RABBITS
(a) Open Season: The open season for taking rabbits shall be is
the first Saturday preceding Thanksgiving through the last day of
February.
(b) Bag Limits: The daily bag limit shall be is five and there are
no season and no possession limits.five. The possession limit
shall be 10. The season limit shall be 75.
(c) Box-traps: During the hunting season specified in Paragraph
(a) of this Rule and subject to the bag, possession and season
bag limits set forth in Paragraph (b) of this Rule, rabbits may be
taken with box-traps. A valid hunting license shall serve as a
transpo