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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 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 921 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 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 922 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 923 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 924 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 925 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 926 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 927 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 928 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 929 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 930 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 931 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 932 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 933 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 934 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 935 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 937 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 938 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 939 (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; PROPOSED RULES 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). PROPOSED RULES 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. PROPOSED RULES 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 PROPOSED RULES 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 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 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
Object Description
Description
Title | North Carolina register |
Date | 2007-12-03 |
Description | Volume 22, Issue 11, (December 3, 2007) |
Digital Characteristics-A | 5 MB; 245 p. |
Digital Format |
application/pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 921 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 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 922 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 923 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 924 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 925 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 926 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 927 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 928 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 929 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 930 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 931 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 932 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 933 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 934 IN ADDITION 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 935 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 937 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 938 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 939 (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; PROPOSED RULES 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). PROPOSED RULES 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. PROPOSED RULES 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 PROPOSED RULES 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 22:11 NORTH CAROLINA REGISTER DECEMBER 3, 2007 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 |
OCLC number | 13686205 |