15A N.C. Admin. Code 10I.0102

Current through Register Vol. 39, No. 9, November 1, 2024

Section 10I .0102 - PROTECTION OF ENDANGERED, THREATENED, AND SPECIAL CONCERN SPECIES

(a) There is no open season for taking the species listed in Rules .0103, .0104, or .0105 of this Section, except for the American alligator (Alligator mississippiensis) as set forth in 15A NCAC 10B .0224.

(b) Except as provided in Paragraphs (d) and (h) of this Rule, there is no purchase, sale, or take of the species listed in Rules .0103, .0104, or .0105 of this Section.

(c) Take of federally listed endangered and threatened fish and wildlife species requires a federal permit, as specified in 50 C.F.R Chapter 1, Subchapter B, hereby incorporated by reference, including subsequent amendments and additions, and a state endangered species permit, as specified in Paragraph (d) of this Rule. 50 C.F.R. is available free of charge at www.ecfr.gov.

(d) The Executive Director or his or her designee may issue endangered species permits to take, possess, sell, propagate, transport, import, export, transfer, barter, trade, or stock federally and state listed endangered, threatened, or special concern species to:

(1) an individual or institution conducting a scientific investigation for the perpetuation, restoration, or management of a species;

(2) a public or private educator or exhibitor who demonstrates that he or she has lawfully obtained the specimens in his or her possession, possesses the equipment and expertise to care for the specimens, and abides by applicable caging requirements for the species set forth in 15A NCAC 10H .1404;

(3) a person who lawfully possessed the species for 90 days immediately prior to the date that the species was listed and who abides by applicable caging requirements for the species set forth in 15A NCAC 10H .1404;

(4) a person with demonstrable depredation from a Special Concern Species, or American alligator (Alligator mississippiensis);

(5) a licensed falconer who meets the requirements of the rules in 15A NCAC 10H .0800;

(6) a retail or wholesale establishment whose primary function is providing scientific supplies, provided that:

(A) the specimens were lawfully obtained from captive populations or wild populations outside of North Carolina;

(B) the specimens are possessed in indoor facilities; and

(C) safeguards are provided during transportation to prevent accidental escape of the specimens.

(7) state and federal government agencies, corporate research entities, and research institutions within North Carolina provided that:

(A) the specimens are possessed in indoor facilities;

(B) safeguards are provided during transportation to prevent accidental escape of the specimens; and

(C) the agency's or institution's Animal Care and Use Committee has approved the research protocol for the species.

(e) Additional permits or authorizations from the Commission shall be required for importation, exportation, propagation, transportation, stocking, and release of endangered, threatened, or special concern species.

(f) An individual may apply for an endangered species permit online at www.gooutdoorsnorthcarolina.com by providing the following information:

(1) name, address, phone number, and email of the applicant;

(2) applicant's affiliation, if applicable;

(3) species name and quantity;

(4) proposed activities;

(5) map with specific location of activities identified, if applicable;

(6) the source of the specimens and documentation of lawful acquisition;

(7) caging or confinement plans for specimens, if applicable;

(8) qualifications and explanation of experience for anyone working with the species;

(9) research proposal, if applicable;

(10) proof that federal permits have been applied for or obtained, if applicable;

(11) plans for care of specimens and copy of Institutional Animal Care and Use Committee permit, if applicable; and

(12) plans for final disposition of specimens.

(g) Endangered species permits shall not be transferrable by license holder or by site.

(h) The species listed in Rules .0103, .0104, and .0105 of this Section may be taken or possessed without a permit when:

(1) an individual takes the species in defense of his or her own life or the lives of others, as described in 15A NCAC 10B .0106.

(2) an individual has obtained a permit to take an American alligator in accordance with 15A NCAC 10B .0224.

(3) an individual possesses meat or other parts of American alligators that have been lawfully taken, possessed, or bought in a state where there is an open season for harvesting alligators and the products are marketed in packages or containers that are labeled to indicate the state in which the animals were taken and the identity, address, and lawful authority of the processor or distributor.

(4) an individual is taking or harassing a red wolf (Canis rufus) pursuant to the conditions in 50 C.F.R. 17.84(c), hereby incorporated by reference, including subsequent amendments and editions, available free of charge at www.ecfr.gov.

(5) an individual who meets the requirements of G.S. 113-261, who, when acting in the course of his or her official duties, takes, possesses, or transports endangered, threatened, or special concern species if the action is necessary to:

(A) aid a sick, injured, diseased, or orphaned specimen;

(B) dispose of a dead specimen;

(C) salvage a dead specimen that may be useful for scientific study; or

(D) remove specimens that constitute a demonstrable but nonimmediate threat to human safety and release the specimen unharmed, in a habitat that is suitable for survival.

(i) Take, possession, sale, propagation, transportation, importation, exportation, transfer, barter, trade, or stocking of endangered, threatened, or special concern species under Paragraphs (d) and (h) of this Rule is subject to federal reporting requirements, and reporting requirements of the endangered species permit.

15A N.C. Admin. Code 10I .0102

Authority G.S. 113-134; 113-291.2; 113-291.3; 113-292; 113-333;
Eff. June 11, 1977;
Amended Eff. January 1, 2013; January 1, 2012; May 1, 2009; April 1, 2003; April 1, 2001; April 1, 1997; February 1, 1994; September 1, 1989; March 1, 1981; March 17, 1978.
Temporary Amendment Eff. February 27, 2015;
Amended Eff. February 1, 2023; July 1, 2016.

Authority G.S. 113-134; 113-291.2; 113-291.3; 113-292; 113-333; 113-337;
Eff. 6/11/1977;
Amended Eff. 1/1/2013; January 1, 2012; May 1, 2009; April 1, 2003; April 1, 2001; April 1, 1997; February 1, 1994; September 1, 1989; March 1, 1981; March 17, 1978.

Amended Eff. Pending Legislative Review;
Temporary Amendment Eff. February 27, 2015;
Amended Eff. February 1, 2023; July 1, 2016.

Readopted by North Carolina Register Volume 39, Issue 09, November 1, 2024 effective 10/1/2024.