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									NORTH CAROLINA
   REGISTER
                        VOLUME 26 ● ISSUE 03 ● Pages 76 - 240
                                                              August 1, 2011
      I. EXECUTIVE ORDERS
         Executive Order Nos. 94-97 ............................................................................................. 76 – 86

     II. IN ADDITION
         DENR/Public Notice ........................................................................................................ 87
         Decision Letters on "Changes Affecting Voting" from US Attorney General ................. 88 – 89

   III. PROPOSED RULES
        Environment and Natural Resources, Department of
          Environmental Management Commission ................................................................... 90 – 92
          Marine Fisheries Commission ...................................................................................... 92 – 94
          Wildlife Resources Commission .................................................................................. 94 – 167
        Occupational Licensing Boards and Commissions
          Examiners of Plumbing, Heating and Fire Sprinkler Contractors, Board of ................ 167 – 177
          Psychology Board ........................................................................................................ 177 – 178
          Real Estate Commission............................................................................................... 178 – 190

   IV. EMERGENCY RULES
       Commerce, Department of
         Tax Reform Allocation Committee .............................................................................. 191 – 192
       Cultural Resources, Department of
         Department ................................................................................................................... 192 – 193

    V. APPROVED RULES ..................................................................................................... 194 – 234
       Environment and Natural Resources, Department of
         Wildlife Resources Commission
       Health and Human Services, Department of
         Medical Care Commission
         Mental Health, Commission for
       Insurance, Department of
         Department
       Justice, Department of
         Private Protective Services Board
       Labor, Department of
         Department
       Occupational Licensing Boards and Commission
         Chiropractic Examiners, Board of
         Electrical Contractors, Board of Examiners for
         Irrigation Contractors Licensing Board
         Marriage and Family Therapy Licensure Board
         Pharmacy, Board of
         Podiatry Examiners, Board of
         Social Work Certification and Licensure Board

   VI. RULES REVIEW COMMISSION ............................................................................... 235 – 238

  VII. CONTESTED CASE DECISIONS
       Index to ALJ Decisions .......................................................................................... 239 – 240




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
       1711 New Hope Church Road                          (919) 431-3000
       Raleigh, North Carolina 27609                      (919) 431-3104 FAX
       contact: Molly Masich, Codifier of Rules           molly.masich@oah.nc.gov             (919) 431-3071
                Dana Vojtko, Publications Coordinator     dana.vojtko@oah.nc.gov              (919) 431-3075
                Julie Edwards, Editorial Assistant        julie.edwards@oah.nc.gov            (919) 431-3073
                Tammara Chalmers, Editorial Assistant     tammara.chalmers@oah.nc.gov         (919) 431-3083



   Rule Review and Legal Issues
       Rules Review Commission
       1711 New Hope Church Road                          (919) 431-3000
       Raleigh, North Carolina 27609                      (919) 431-3104 FAX
       contact: Joe DeLuca Jr., Commission Counsel        joe.deluca@oah.nc.gov               (919) 431-3081
                Bobby Bryan, Commission Counsel           bobby.bryan@oah.nc.gov              (919) 431-3079



   Fiscal Notes & Economic Analysis and Governor's Review
       Office of State Budget and Management
       116 West Jones Street                              (919) 807-4700
       Raleigh, North Carolina 27603-8005                 (919) 733-0640 FAX
       Contact: Anca Grozav, Economic Analyst             osbmruleanalysis@osbm.nc.gov        (919) 807-4740

       NC Association of County Commissioners
       215 North Dawson Street                            (919) 715-2893
       Raleigh, North Carolina 27603
       contact: Rebecca Troutman                          rebecca.troutman@ncacc.org

       NC League of Municipalities                        (919) 715-4000
       215 North Dawson Street
       Raleigh, North Carolina 27603
       contact: Erin L. Wynia                             ewynia@nclm.org



   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      Karen.cochrane-brown@ncleg.net
                Jeff Hudson, Staff Attorney               Jeffrey.hudson@ncleg.net




         This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
                                                                   NORTH CAROLINA REGISTER
                                                         Publication Schedule for January 2011 – December 2011


                                                                                                                                                     TEMPORARY
   FILING DEADLINES                        NOTICE OF TEXT                                        PERMANENT RULE
                                                                                                                                                       RULES


                                                                            Deadline to submit                       Delayed Eff. Date of
Volume &                                                  End of required                           Earliest Eff.      Permanent Rule
                        Last day     Earliest date for                           to RRC                                                           270th day from publication
  issue    Issue date                                       comment                                   Date of
                        for filing    public hearing                          for review at                                                             in the Register
 number                                                       period                              Permanent Rule    31st legislative day of the
                                                                              next meeting
                                                                                                                       session beginning:

 25:13     01/03/11     12/08/10         01/18/11            03/04/11            03/21/11            05/01/11                05/2012                      09/30/11
 25:14     01/18/11     12/22/10         02/02/11            03/21/11            03/21/11            05/01/11                05/2012                      10/15/11
 25:15     02/01/11     01/10/11         02/16/11            04/04/11            04/20/11            06/01/11                05/2012                      10/29/11
 25:16     02/15/11     01/25/11         03/02/11            04/18/11            04/20/11            06/01/11                05/2012                      11/12/11
 25:17     03/01/11     02/08/11         03/16/11            05/02/11            05/20/11            07/01/11                05/2012                      11/26/11
 25:18     03/15/11     02/22/11         03/30/11            05/16/11            05/20/11            07/01/11                05/2012                      12/10/11
 25:19     04/01/11     03/11/11         04/16/11            05/31/11            06/20/11            08/01/11                05/2012                      12/27/11
 25:20     04/15/11     03/25/11         04/30/11            06/14/11            06/20/11            08/01/11                05/2012                      01/10/12
 25:21     05/02/11     04/08/11         05/17/11            07/01/11            07/20/11            09/01/11                05/2012                      01/27/12
 25:22     05/16/11     04/25/11         05/31/11            07/15/11            07/20/11            09/01/11                05/2012                      02/10/12
 25:23     06/01/11     05/10/11         06/16/11            08/01/11            08/22/11            10/01/11                05/2012                      02/26/12
 25:24     06/15/11     05/24/11         06/30/11            08/15/11            08/22/11            10/01/11                05/2012                      03/11/12
 26:01     07/01/11     06/10/11         07/16/11            08/30/11            09/20/11            11/01/11                05/2012                      03/27/12
 26:02     07/15/11     06/23/11         07/30/11            09/13/11            09/20/11            11/01/11                05/2012                      04/10/12
 26:03     08/01/11     07/11/11         08/16/11            09/30/11            10/20/11            12/01/11                05/2012                      04/27/12
 26:04     08/15/11     07/25/11         08/30/11            10/14/11            10/20/11            12/01/11                05/2012                      05/11/12
 26:05     09/01/11     08/11/11         09/16/11            10/31/11            11/21/11            01/01/12                05/2012                      05/28/12
 26:06     09/15/11     08/24/11         09/30/11            11/14/11            11/21/11            01/01/12                05/2012                      06/11/12
 26:07     10/03/11     09/12/11         10/18/11            12/02/11            12/20/11            02/01/12                05/2012                      06/29/12
 26:08     10/17/11     09/26/11         11/01/11            12/16/11            12/20/11            02/01/12                05/2012                      07/13/12
 26:09     11/01/11     10/11/11         11/16/11            01/03/12            01/20/12            03/01/12                05/2012                      07/28/12
 26:10     11/15/11     10/24/11         11/30/11            01/17/12            01/20/12            03/01/12                05/2012                      08/11/12
 26:11     12/01/11     11/07/11         12/16/11            01/30/12            02/20/12            04/01/12                05/2012                      08/27/12
 26:12     12/15/11     11/22/11         12/30/11            02/13/12            02/20/12            04/01/12                05/2012                      09/10/12


                                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                                                 FILING DEADLINES                                           NOTICE OF TEXT

The North Carolina Register shall be published twice          ISSUE DATE:     The Register is published on the first         EARLIEST DATE FOR PUBLIC HEARING:           The hearing
a month and contains the following information                and fifteen of each month if the first or fifteenth of         date shall be at least 15 days after the date a notice of
submitted for publication by a state agency:                  the month is not a Saturday, Sunday, or State holiday          the hearing is published.
(1)   temporary rules;                                        for employees mandated by the State Personnel
(2)   notices of rule-making proceedings;                     Commission. If the first or fifteenth of any month is          END      OF     REQUIRED        COMMENT         PERIOD
(3)   text of proposed rules;                                 a Saturday, Sunday, or a holiday for State employees,          An agency shall accept comments on the text of a
(4)   text of permanent rules approved by the Rules           the North Carolina Register issue for that day will be         proposed rule for at least 60 days after the text is
      Review Commission;                                      published on the day of that month after the first or          published or until the date of any public hearings held
(5)   notices of receipt of a petition for municipal          fifteenth that is not a Saturday, Sunday, or holiday for       on the proposed rule, whichever is longer.
      incorporation, as required by G.S. 120-165;             State employees.
                                                                                                                             DEADLINE TO SUBMIT TO THE RULES REVIEW
(6)   Executive Orders of the Governor;
                                                                                                                             COMMISSION: The Commission shall review a rule
(7)   final decision letters from the U.S. Attorney           LAST DAY FOR FILING: The last day for filing for any
      General concerning changes in laws affecting            issue is 15 days before the issue date excluding               submitted to it on or before the twentieth of a month
      voting in a jurisdiction subject of Section 5 of        Saturdays, Sundays, and holidays for State                     by the last day of the next month.
      the Voting Rights Act of 1965, as required by           employees.
                                                                                                                             FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
      G.S. 120-30.9H;                                                                                                        SESSION OF THE GENERAL ASSEMBLY: This date is
(8)   orders of the Tax Review Board issued under                                                                            the first legislative day of the next regular session of
      G.S. 105-241.2; and                                                                                                    the General Assembly following approval of the rule
(9)   other information the Codifier of Rules                                                                                by the Rules Review Commission. See G.S. 150B-
      determines to be helpful to the public.                                                                                21.3, Effective date of rules.
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.




                                       This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
          EXECUTIVE ORDERS




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                                                         IN ADDITION


                                                           Public Notice
                               North Carolina Environmental Management Commission/NPDES Unit
                                                     1617 Mail Service Center
                                                     Raleigh, NC 27699-1617
                                Notice of Intent to Reissue an NPDES General Wastewater Permit

The North Carolina Environmental Management Commission proposes to reissue the following NPDES wastewater general permit:

NPDES General Permit No. NCG510000 for the discharge of treated wastewater resulting from the remediation of petroleum-
contaminated groundwater and similar wastewaters.

Written comments regarding the proposed general permit will be accepted until 30 days after the publish date of this notice. The
Director of the NC Division of Water Quality (DWQ) may hold a public hearing should there be a significant degree of public interest.
Please mail comments and/or information requests to DWQ at the above address. Interested persons may visit the DWQ at 512 N.
Salisbury Street, Raleigh, NC to review information on file. Additional information on this notice may be found on our website:
http://portal.ncdenr.org/web/wq/swp/ps/npdes/calendar, or by calling Tom Belnick at (919) 807-6390.




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             IN ADDITION




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             IN ADDITION




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                                                       PROPOSED RULES


  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 15A – DEPARTMENT OF ENVIRONMENT AND                           The proposed watershed is located entirely within the
              NATURAL RESOURCES                                      jurisdictions of Ashe County and Watauga County. Both counties
                                                                     would be required to, and have agreed to, modify their water
Notice is hereby given in accordance with G.S. 150B-21.2 that        supply watershed protection ordinances within 270 days after
the Environmental Management Commission intends to amend             the reclassification effective date.
the rule citied as 15A NCAC 02B .0307.                               The Town of Boone secured an USDA - Rural Development loan
                                                                     and grant as well as a municipal bond in order to fund the
Proposed Effective Date: March 1, 2012                               planned project. The Town has until September 2012 to have
                                                                     final plans and specifications submitted to applicable agencies
Public Hearing:                                                      for review per the conditions associated with the USDA funding,
Date: August 30, 2011                                                and thus, requests that the reclassification become effective
Time: 7:00 p.m.                                                      prior to that deadline.
Location: Green Valley Elementary School, 189 Big Hill Road,
Boone, NC 28607                                                      Link to agency website:
                                                                     http://portal.ncdenr.org/web/wq/ps/csu/reclass
Reason for Proposed Action: The Town of Boone has
requested that portions of the South Fork New River in Ashe and      Procedure by which a person can object to the agency on a
Watauga Counties (New River Basin) be reclassified to include        proposed rule: The public hearing and comment period are to
the WS-IV CA and WS-IV (PA) designations. The reclassification       be held in accordance with the federal Water Pollution Control
is needed in order to construct a potable water supply intake.       Act (the Clean Water Act) which requires States, at least every
The Town’s water system has surpassed 80 percent of capacity,        three years, to review and revise water quality standards to
which is the Department of Environment and Natural Resources’        protect aquatic life and human health. The process is called the
trigger for requiring a plan for expansion.                          Triennial Review and includes an assessment and revision of the
For a riverine intake, a CA is the land and waters approximately     designated uses of waters (classifications) and the water quality
0.5 miles linearly upstream and draining to an intake. For this      criteria (standards), which are based on the designated uses.
proposal, the CA would extend along the river from the               More specifically, the public hearing and comment period are to
proposed intake, which is to be placed nearly 0.5 miles upstream     address the potential assignment of a WS-IV classification to a
of SR 1100, to a point approximately 0.5 miles upstream of the       portion of the South Fork New River watershed for the purpose
proposed intake, which is located at a point nearly 875 feet         of protecting its proposed designated use as a public water
downstream of SR 1351. There are no named tributaries to the         supply. This proposal will result in changing the water quality
South Fork New River in the nearly 180-acre CA. A PA for a           standards for waters within the above-mentioned Critical Area
riverine intake is the lands and waters located approximately 10     and Protected Area.
miles run-of-the-river upstream and draining to an intake. For       You may attend the public hearing and provide verbal
this proposal, the PA would extend along the river from a point      comments, and/or submit written comments, data or other
nearly 875 feet downstream of SR 1351 to a point approximately       information by September 30, 2011. The comments, data and
1.8 miles upstream of SR 1351. The nearly 13,300-acre PA             information provided during the comment period should
includes several entire named tributaries to the South Fork New      specifically address the proposed reclassification of the South
River, and these tributaries are proposed to be reclassified to      Fork New River. The Hearing Officer may limit the length of
include the WS-IV designation.                                       time that you may speak at the public hearing, if necessary, so
Division of Water Resources staff and Division of Environmental      that all those who wish to speak may have an opportunity to do
Health staff do not object to the proposal. A Finding of No          so.
Significant Impact (FNSI) has been issued for this project, and      The Environmental Management Commission (EMC) is
the waters to be reclassified meet water supply water standards      interested in all comments pertaining to the proposed
according to 2010 DWQ studies.                                       reclassification. All persons interested and potentially affected
If reclassified, regulations affecting new development, new land     by the proposal are encouraged to read this entire notice and
application sites, and wastewater discharges would apply. In the     make comments on the proposed reclassification. The EMC may
proposed water supply watershed, there are no wastewater             not adopt a rule that differs substantially from the text of the
discharges or land application sites, and no known proposed          proposed rule published in this notice unless the EMC publishes
discharges, land application sites or development that would be      the text of the proposed different rule and accepts comments on
impacted by the proposal.                                            the new text [General Statute 150B 21.2 (g)]. Written comments


26:03                                           NORTH CAROLINA REGISTER                                               August 1, 2011
                                                          90
                                                         PROPOSED RULES

on the proposed reclassification of the South Fork New River                         (C)        Division of Water Quality
may be submitted to Elizabeth Kountis of the Water Quality                                      Central Office
Planning Section at the postal address, e-mail address, or fax                                  512 North Salisbury Street
number listed in this notice.                                                                   Raleigh, North Carolina.
                                                                    (b) Unnamed Streams. Such streams entering the State of
Comments may be submitted to:            Elizabeth Kountis,         Tennessee are classified "C."
DENR/DWQ Planning Section, 1617 Mail Service Center,                (c) The New River Basin Schedule of Classifications and Water
Raleigh, NC 27699-1617, phone (919)807-6418, fax (919)807-          Quality Standards was amended effective:
6497, email elizabeth.kountis@ncdenr.gov                                      (1)     August 10, 1980 see Paragraph (d) of this
                                                                                      Rule;
Comment period ends: September 30, 2011                                       (2)     April 1, 1983 see Paragraph (e) of this Rule;
                                                                              (3)     February 1, 1986 see Paragraph (f) of this
Procedure for Subjecting a Proposed Rule to Legislative                               Rule;
Review: If an objection is not resolved prior to the adoption of              (4)     August 1, 1989 see Paragraph (g) of this Rule;
the rule, a person may also submit written objections to the                  (5)     August 1, 1990 see Paragraph (h) of this Rule;
Rules Review Commission after the adoption of the Rule. If the                (6)     August 3, 1992 see Paragraph (i) of this Rule;
Rules Review Commission receives written and signed                           (7)     February 1, 1993 see Paragraph (j) of this
objections after the adoption of the Rule in accordance with G.S.                     Rule;
150B-21.3(b2) from 10 or more persons clearly requesting                      (8)     August 1, 1998 see Paragraph (k) of this Rule;
review by the legislature and the Rules Review Commission                     (9)     November 1, 2007 see Paragraph (l) of this
approves the rule, the rule will become effective as provided in                      Rule;
G.S. 150B-21.3(b1). The Commission will receive written                       (10)    December 1, 2010 see Paragraph (m) of this
objections until 5:00 p.m. on the day following the day the                           Rule.Rule; and
Commission approves the rule. The Commission will receive                     (11)    March 1, 2012 see Paragraph (n) of this Rule.
those objections by mail, delivery service, hand delivery, or       (d)    The Schedule of Classifications and Water Quality
facsimile transmission. If you have any further questions           Standards for the New River Basin was amended effective
concerning the submission of objections to the Commission,          August 10, 1980 as follows:
please call a Commission staff attorney at 919-431-3000.                      (1)     South Fork New River [Index No. 10-1-(1)]
                                                                                      from the confluence of the Middle Fork South
Fiscal Impact: A copy of the fiscal note can be obtained from                         Fork New River and the East Fork South Fork
the agency.                                                                           New River to Winkler Creek was reclassified
         State                                                                        from Class C to Class A-II;
         Local                                                                (2)     Middle Fork South Fork New River [Index
         Substantial Economic Impact (>$500,000)                                      Nos. 10-1-2-(6) and 10-1-2-(14)] from Brown
         None                                                                         Branch to the South Fork New River was
                                                                                      reclassified from Class C and C Trout to Class
Fiscal Note posted at                                                                 A-II and A-II Trout;
http://www.osbm.state.nc.us/files/pdf_files/DENR062920111.pdf                 (3)     East Fork South Fork New River [Index Nos.
                                                                                      10-1-3-(1) and 10-1-3-(7)] was reclassified
   CHAPTER 02 - ENVIRONMENTAL MANAGEMENT                                              from Class C and C Trout to Class A-II and A-
                                                                                      II Trout; and
        SUBCHAPTER 02B - SURFACE WATER AND                                    (4)     Winkler Creek [Index No. 10-1-4-(2) from
               WETLAND STANDARDS                                                      Boone water supply intake dam to Watauga
        SECTION .0300 - ASSIGNMENT OF STREAM                                          County SR 1549 and Flannery Fork [Index No.
                   CLASSIFICATIONS                                                    10-1-4-3-(2)] from the dam at Camp Sky
                                                                                      Ranch Bathing Lake to Winkler Creek were
15A NCAC 02B .0307        NEW RIVER BASIN                                             reclassified from Class C Trout to Class A-II
(a) The New River Basin Schedule of Classifications and Water                         Trout.
Quality Standards may be inspected at the following places:         (e)    The Schedule of Classifications and Water Quality
         (1)     the Internet at http://h2o.enr.state.nc.us/csu/;   Standards for the New River Basin was amended effective April
                 and                                                1, 1983 as follows: Naked Creek [Index No. 10-1-32] was
         (2)     the   North     Carolina      Department     of    reclassified from Class C Trout to Class C.
                 Environment and Natural Resources:                 (f) The Schedule of Classifications and Water Quality Standards
                 (A)      Asheville Regional Office                 for the New River Basin was amended effective February 1,
                          2090 US Highway 70                        1986 with the reclassification of all Class A-I and A-II streams
                          Swannanoa, North Carolina;                to Class WS-I and WS-III in the New River Basin.
                 (B)      Winston-Salem Regional Office             (g)    The Schedule of Classifications and Water Quality
                          585 Waughtown Street                      Standards for the New River Basin was amended effective July
                          Winston-Salem, North Carolina; and        1, 1989 as follows: South Fork New River [Index No. 10-1-(30)]


26:03                                             NORTH CAROLINA REGISTER                                          August 1, 2011
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                                                        PROPOSED RULES

from Dog Creek to New River and all tributary waters were                      (3)       Old Field Creek (Index No. 10-1-22) from Call
reclassified from Class C-trout and Class C to Class B-trout and                         Creek to the South Fork New River, and Call
B.                                                                                       Creek (Index No. 10-1-22-1) from its source to
(h)     The Schedule of Classifications and Water Quality                                Old Field Creek were reclassified from Class
Standards for the New River Basin was amended effective                                  WS-IV Trout to Class WS-IV Trout ORW.
August 1, 1990 as follows:                                            (k)    The Schedule of Classifications and Water Quality
          (1)      New River [Index No. 10] from the confluence       Standards for the New River Basin was amended effective
                   of the North and South Forks New River to the      August 1, 1998 with the revision to the primary classification for
                   last point at which the New River crosses the      a portion of the South Fork New River [Index No. 10-1 (20.5)]
                   North Carolina/Virginia State line was             from Class WS-IV to Class WS-V.
                   reclassified from Class C to Class C HQW;          (l) The Schedule of Classifications and Water Quality Standards
          (2)      South Fork New River [Index Nos. 10-1-             for the New River Basin was amended effective November 1,
                   (14.5), 10-1-(26), 10-1-(30), and 10-1-(33.5)]     2007 with the reclassification of Bluff Mountain Fen near
                   from Elk Creek to the confluence of the New        Buffalo Creek [Index No. 10-2-20] to Class WL UWL as
                   River and North Fork New River was                 defined in 15A NCAC 02B .0101. The North Carolina Division
                   reclassified from Class C, B and WS-III to         of Water Quality maintains a Geographic Information Systems
                   Class C HQW, B HQW and WS-III HQW;                 data layer of the UWL.
          (3)      Howard Creek [Index Nos. 10-1-9-(1) and 10-        (m) The Schedule of Classifications and Water Quality
                   1-9-(6)] from source to the South Fork New         Standards for the New River Basin is amended effective
                   River was reclassified from Class WS-III           December 1, 2010 with the reclassification of the North Fork
                   Trout and C Trout to Class WS-III Trout            New River [Index Nos. 10-2-(1), 10-2-(12)] and its tributaries
                   HQW and C Trout HQW;                               from C+, C+ Trout and C Trout HQW to C ORW and C Trout
          (4)      Big Horse Creek [Index No. 10-2-21-(5.5)]          ORW with the exception of the following:
                   from North Carolina/Virginia State line to                  (1)       Index Nos. 10-2-21-9, 10-2-21-(8), 10-2-(11)
                   lower Ashe County SR 1361 bridge was                                  and 10-2-20 were reclassified from C+ and C
                   reclassified from Class C Trout to Class C                            Trout + to C HQW and C Trout HQW; and
                   Trout HQW; and                                              (2)       Little Buffalo Creek and Claybank Creek
          (5)      Little River [Index No. 10-9-(11.5)] from N.C.                        (Index Nos. 10-2-20-1 and 10-2-20-1-1) did
                   Hwy. 18 bridge to the North Carolina/Virginia                         not qualify for the ORW or HQW designation;
                   State line was reclassified from Class C to                           however, these waters shall be managed in the
                   Class C HQW.                                                          same way as the downstream designated HQW
(i) The Schedule of Classifications and Water Quality Standards                          areas.
for the New River Basin was amended effective August 3, 1992          (n)    The Schedule of Classifications and Water Quality
with the reclassification of all water supply waters (waters with a   Standards for the New River Basin is amended effective March
primary classification of WS-I, WS-II or WS-III). These waters        1, 2012 as follows:
were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as                     (1)       a portion of the South Fork New River [Index
defined in the revised water supply protection rules, (15A                               No. 10-1-(14.5)] from the Town of Boone's
NCAC 02B .0100, .0200 and .0300) which became effective on                               intake, located nearly 0.5 miles upstream of
August 3, 1992.         In some cases, streams with primary                              SR 1100, to a point approximately 875 feet
classifications other than WS were reclassified to a WS                                  downstream of SR 1351 from C HQW to WS-
classification due to their proximity and linkage to water supply                        V CA HQW;
waters. In other cases, waters were reclassified from a WS                     (2)       a portion of the South Fork New River [Index
classification to an alternate appropriate primary classification                        No. 10-1-(14.5)] from a point nearly 875 feet
after being identified as downstream of a water supply intake or                         downstream of SR 1351 to Elk Creek from C
identified as not being used for water supply purposes.                                  HQW to WS-IV HQW; and
(j) The Schedule of Classifications and Water Quality Standards                (3)       a portion of the South Fork New River [Index
for the New River Basin has been amended effective February 1,                           No. 10-1-(3.5)] from Elk Creek to a point
1993 as follows:                                                                         approximately 1.8 miles upstream of SR 1351
          (1)      the South Fork New River (Index No. 10-1-                             from C+ to WS-IV +.
                   33.5) from Dog Creek to the New River was
                   reclassified from Class B HQW to Class B           Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
                   ORW;
          (2)      the New River (Index No. 10) from the                             *********************
                   confluence of the North And South Fork New
                   Rivers to the last point at which it crosses the   Notice is hereby given in accordance with G.S. 150B-21.2 that
                   North Carolina/Virginia State line was             the Marine Fisheries Commission intends to adopt the rule citied
                   reclassified from Class C HQW to Class C           as 15A NCAC 03O .0114, amend the rules citied as 15A NCAC
                   ORW; and                                           03M .0519; 03O .0111 and repeal the rule cited as 15A NCAC
                                                                      03M .0504.


26:03                                             NORTH CAROLINA REGISTER                                             August 1, 2011
                                                            92
                                                        PROPOSED RULES

Proposed Effective Date:                                             the rule, a person may also submit written objections to the
April 1, 2012 – 15A NCAC 03M .0504, .0519;                           Rules Review Commission after the adoption of the Rule. If the
October 1, 2012 – 15A NCAC 03O .0111, .0114                          Rules Review Commission receives written and signed
                                                                     objections after the adoption of the Rule in accordance with G.S.
Public Hearing:                                                      150B-21.3(b2) from 10 or more persons clearly requesting
Date: September 14, 2011                                             review by the legislature and the Rules Review Commission
Time: 6:00 p.m.                                                      approves the rule, the rule will become effective as provided in
Location: Division of Marine Fisheries Central District Office,      G.S. 150B-21.3(b1). The Commission will receive written
5285 Highway 70 West, Morehead City, NC 28557                        objections until 5:00 p.m. on the day following the day the
                                                                     Commission approves the rule. The Commission will receive
Reason for Proposed Action:                                          those objections by mail, delivery service, hand delivery, or
15A NCAC 03M .0504          TROUT This rule is proposed for          facsimile transmission. If you have any further questions
repeal to eliminate an unnecessary rule and continue to provide      concerning the submission of objections to the Commission,
flexibility for making adjustments in size and harvest limits in     please call a Commission staff attorney at 919-431-3000.
the spotted seatrout fishery. These adjustments have been made
since 2009 through Rule 15A NCAC 03M .0512, which gives the          Fiscal Impact:
Fisheries Director the authority to issue proclamations to effect             State
management measures in state or federal fishery management                    Local
plans.                                                                        Substantial Economic Impact (>$500,000)
15A NCAC 03M .0519          SHAD Proposed amendments will                     None
incorporate the current closure of the American shad ocean
fishery into N.C. permanent rule, for public clarity. The fishery                CHAPTER 03 - MARINE FISHERIES
was closed by proclamation on January 1, 2005 and has
remained closed ever since.                                                         SUBCHAPTER 03M - FINFISH
15A NCAC 03O .0111          SURRENDER          OF     LICENSES
Proposed amendments will streamline the service of process for                    SECTION .0500 – OTHER FINFISH
the surrender of fishing licenses by allowing service to licensees
by certified mail, in accordance with North Carolina Session         15A NCAC 03M .0504 TROUT
Law 2010-145.                                                        (a) It is unlawful to possess spotted seatrout (speckled trout) less
15A NCAC 03O .0114          SUSPENSION,          REVOCATION          than 12 inches total length.
AND REISSUANCE OF LICENSES This rule is proposed for                 (b) It is unlawful to possess more than 10 spotted seatrout per
adoption to establish requirements for the suspension,               person per day taken by hook-and-line or for recreational
revocation and reissuance of licenses, in accordance with North      purposes.
Carolina Session Law 2010-145. This will create a fair and
equitable process by treating commercial and recreational            Authority G.S. 113-134; 113-182; 113-221; 143B-289.52.
license holders consistently and by separating minor and major
violations. Proposed amendments will also streamline the             15A NCAC 03M .0519 SHAD
service of process for the surrender of fishing licenses by          (a) It is unlawful to take American shad and hickory shad by
allowing service to licensees by certified mail.                     any method except hook-and-line from April 15 through
                                                                     December 31.
Link to agency website:                                              (b) It is unlawful to possess more than 10 American shad or
http://www.ncfisheries.net/rules/proposed_rules.html                 hickory shad, in the aggregate, per person per day taken by
                                                                     hook-and-line or for recreational purposes.
Procedure by which a person can object to the agency on a            (c) It is unlawful to take or possess American shad from the
proposed rule: Objections shall be submitted in writing to           Atlantic Ocean.
Catherine Blum, Rulemaking Coordinator, Division of Marine
Fisheries, P.O. Box 769, Morehead City, NC               28557;      Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52.
fax(252)726-0254, email Catherine.blum@ncdenr.gov. Explain
the reasons for objection and specify the portion of the rule to     SUBCHAPTER 03O – LICENSES, LEASES, FRANCHISES
which the objection is being made.                                                   AND PERMITS

Comments may be submitted to: Catherine Blum, P.O. Box                                SECTION .0100 – LICENSES
769, Morehead City, NC 28557, phone (252)808-8013, fax
(252)726-0254, email Catherine.blum@ncdenr.gov                       15A NCAC 03O .0111 SURRENDER OF LICENSES
                                                                     (a) It is unlawful for any licensee to refuse to surrender to an
Comment period ends: September 30, 2011                              agent of the Secretary all licenses, license receipts,
                                                                     endorsements, commercial fishing vessel registration or decals,
Procedure for Subjecting a Proposed Rule to Legislative              and other forms and records relating to the license following
Review: If an objection is not resolved prior to the adoption of


26:03                                            NORTH CAROLINA REGISTER                                               August 1, 2011
                                                           93
                                                         PROPOSED RULES

personal service of notice of suspension or revocation of licenses     of suspension or revocation shall be served by an inspector or
in accordance with G.S. 113-171.                                       other agent of the Department or by certified mail, must state the
(b) It is unlawful for any person in custody or possession of any      ground upon which it is based, and takes effect immediately
licenses, license receipt, endorsements, commercial fishing            upon service. The agent of the Fisheries Director making
vessel registration or decals, and other forms and records             service shall then or subsequently, as may be feasible under the
documentation required to be surrendered to refuse to surrender        circumstances, collect all license certificates and plates and other
same to an agent of the Secretary making such demand.                  forms or records relating to the license as directed by the
                                                                       Fisheries Director.
Authority G.S. 113-134; 113-171; 143B-289.52; S.L. 2010-145.           (e) Where a license has been suspended or revoked, the former
                                                                       licensee shall not be eligible to apply for reissuance of license or
15A NCAC 03O .0114 SUSPENSION, REVOCATION                              for any additional license authorized in Article 14A, Article 14B
AND REISSUANCE OF LICENSES                                             and Article 25A of Chapter 113 during the suspension period or
(a) All commercial and recreational licenses issued under              revocation. Licenses shall be returned to the licensee by the
Article 14A, Article 14B, and Article 25A of Chapter 113 are           Fisheries Director or the Director's agents at the end of a period
subject to suspension and revocation.                                  of suspension. For a request for reinstatement following
(b) A conviction resulting from being charged by an inspector          revocation, the eligible former licensee shall satisfy the Fisheries
under G.S. 14-32, 14-33 or 14-399 shall be deemed a conviction         Director that the licensee will strive in the future to conduct the
for license suspension or revocation purposes.                         operations for which the license is sought in accord with all
(c) Upon receipt of notice of a licensee's conviction as specified     applicable laws and rules by sending a request for reinstatement
in G.S. 113-171 or a conviction as specified in Paragraph (b) of       in writing to the Fisheries Director, Division of Marine
this Rule, the Fisheries Director shall determine whether it is a      Fisheries, P.O. Box 769, Morehead City, North Carolina 28557.
first, a second, a third or a fourth or subsequent conviction.         Upon the application of an eligible former licensee after
Where several convictions result from a single transaction or          revocation, the Fisheries Director, in the Director's discretion,
occurrence, the convictions shall be treated as a single               may issue one license sought but not another, as deemed
conviction so far as suspension or revocation of the licenses of a     necessary to prevent the hazard of recurring violations of the
licensee is concerned. For a second conviction, the Fisheries          law.
Director shall suspend all licenses issued to the licensee for a       (f) It is unlawful for a licensee willfully to evade the service
period of 30 days; for a third conviction, the Fisheries Director      prescribed in this Rule.
shall suspend all licenses issued to the licensee for a period of 90   (g) It is unlawful for a licensee to transfer any license or permit
days; for a fourth or subsequent conviction, the Fisheries             under suspension or revocation by the Division.
Director shall revoke all licenses issued to the licensee for a        (h) It is unlawful for a licensee to purchase a license that is
minimum of one year, except:                                           currently under suspension or revocation.
          (1)      For a felony conviction under G.S. 14-399, the
                   Fisheries Director shall suspend all licenses       Authority G.S. 113-171; S.L. 2010-145.
                   issued to the licensee for a period of one year;
          (2)      For a first conviction under G.S. 113-                             ********************
                   187(d)(1), the Fisheries Director shall suspend
                   all licenses issued to the licensee for a period    Notice is hereby given in accordance with G.S. 150B-21.2 that
                   of one year; for a second or subsequent             the Wildlife Resources Commission intends to adopt the rule
                   conviction under G.S. 113-187(d)(1), the            citied as 15A NCAC 10D .0105 and amend the rules citied as
                   Fisheries Director shall revoke all licenses        15A NCAC 10A .1101; 10B .0101, .0106, .0114, .0201-.0203,
                   issued to the licensee for a minimum of one         .0215-.0216, .0219; 10D .0102-.0103; 10H .0301-.0302, .0304;
                   year;                                               10I .0102; 10J .0102.
          (3)      For a conviction under G.S. 113-209, the
                   Fisheries Director shall revoke all licenses        Proposed Effective Date:
                   issued to the licensee for a minimum of one         January 1, 2012 – 15A NCAC 10A .1101; 10B .0101, .0106,
                   year; and                                           .0114, .0215,-.0216, .0219; 10D .0102; 10H .0301-.0302, .0304;
          (4)      For a conviction under G.S. 14-32 or 14-33,         10I .0102; 10J .0102
                   when the offense was committed against a            August 1, 2012 – 15A NCAC 10B .0201-.0203; 10D .0103, .0105
                   marine fisheries inspector the Fisheries
                   Director shall revoke all licenses issued to the    Public Hearing:
                   licensee for a minimum of two years.                Date: September 6, 2011
(d) After the Fisheries Director determines a conviction requires      Time: 7:00 PM
a suspension or revocation of the licenses of a licensee, the          Location: District 4, Bladen Community College, 7418 NC
Fisheries Director shall cause the licensee to be served with          Highway 41 W, Dublin, NC
written notice of suspension or revocation, as the case may be.
The written notice may be served upon any responsible                  Date: September 7, 2011
individual affiliated with the corporation, partnership, or            Time: 7:00 PM
association where the licensee is not an individual. The notice


26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
                                                             94
                                                      PROPOSED RULES

Location: District 5, Alamance County Courthouse, 109 South        15A NCAC 10B .0202 – The bear rule is proposed for
Maple Street, Graham, NC 27253-2811                                amendment to change the season structure of some counties and
                                                                   open other counties to bear hunting.
Date: September 8, 2011                                            15A NCAC 10B .0203 – The deer rule is proposed for
Time: 7:00 PM                                                      amendment to change the deer season structure in some counties
Location: District 6, South Stanly High School, 40488 South        and to comply with recent changes in statute.
Stanly School Road, Norwood, NC                                    15A NCAC 10B .0215 – The crow rule is proposed for
                                                                   amendment to allow the use of electronic calls in crow hunting.
Date: September 13, 2011                                           15A NCAC 10B .0216 – The falconry rule is proposed for
Time: 7:00 PM                                                      amendment to change the extend falconry season.
Location: District 8, Municipal Auditorium, 401 College St,        15A NCAC 10B .0219 – The coyote rule is proposed for
Morganton, NC 28655-3868                                           amendment to allow the use of electronic calls in the take of
                                                                   coyote.
Date: September 14, 2011                                           15A NCAC 10D .0102 – The restrictions on use of game lands
Time: 7:00 PM                                                      rule is proposed for amendment to allow people holding valid
Location: District 9, Haywood Community College, 185               concealed handgun carry permits to carry their weapons on
Freedlander Drive, Clyde, NC                                       game lands and to make other administrative changes to the
                                                                   management of game lands.
Date: September 15, 2011                                           15A NCAC 10D .0103 – The hunting on game lands rule is
Time: 7:00 PM                                                      proposed for amendment to change the seasons for deer on some
Location: District 7, The Walker Center, Wilkes Community          game lands, remove obsolete text in the rule and make other
College, 1328 South Collegiate Drive, Wilkesboro, NC               changes necessary for the effective management of game lands.
                                                                   15A NCAC 10D .0105 – The removal of animals, plant and
Date: September 20, 2011                                           other materials on game lands rule is proposed for adoption in
Time: 7:00 PM                                                      order to clarify what animals, plants and other materials may be
Location: District 1, Swain Auditorium, 220 E Church St,           removed under license, or without written permission and what
Edenton, NC 27932                                                  requires written permission.
                                                                   15A NCAC 10H .0301 – The captivity license rule is proposed
Date: September 21, 2011                                           for amendment to allow for the issuance of new licenses to hold
Time: 7:00 PM                                                      captive cervids.
Location: District 2, Craven County Courthouse, 302 Broad St,      15A NCAC 10H .0302 – The minimum standards rule is
New Bern, NC 28560                                                 proposed for amendment to require double fencing for new
                                                                   captive cervid facilities.
Date: September 22, 2011                                           15A NCAC 10H .0304 – The herd certification rule is proposed
Time: 7:00 PM                                                      for amendment to refer to the importation standsards in 15A
Location: District 3, Nash Community College, 522 N Old            NCAC 10B .0101.
Carriage Rd, Rocky Mt, NC 27804                                    15A NCAC 10I .0102 – The endangered species rule is
                                                                   proposed for amendment to link endangered species permits to
Reason for Proposed Action:                                        specifications for holding wildlife in captivity specified in 15A
15A NCAC 10A .1101 - The waiver rule is proposed for               NCAC 10H .0302.
amendment to allow hunters to apply for a waiver to bring a        15A NCAC 10J .0102 – The conservation areas rule is proposed
whole deer carcass harvested within 20 miles of the N.C. border    for amendment to allow for people with valid concealed
into North Carolina and to allow captive cervid licensees to       handgun permits to carry their weapons on conservation areas
apply for a waiver to bring cervids into the state which do not    and also clarify what animals, plants and other materials need
meet the criteria set forth in the importation rule.               written permission in order to possess and remove.
15A NCAC 10B .0101 – The importation rule is proposed for
amendment to specify criteria for the importation of captive       Link to agency website: http://www.wildlife.org
cervids into North Carolina.
15A NCAC 10B .0106 – The depredation rule is proposed for          Procedure by which a person can object to the agency on a
amendment to specify that Canada geese taken under an              proposed rule: Objections may be submitted in writing or via
agricultural depredation permit must be reported to the Wildlife   electronic mail during the comment period ending on September
Resources Commission.                                              30, 2011 to C. Norman Young, Jr., North Carolina Department
15A NCAC 10B .0114 – The dog training rule is proposed for         of Justice, SSA, 9001 Mail Service Center, Raleigh, North
amendment to allow people with valid concealed handgun carry       Carolina 27699-9001, E-Mail: nyoung@ncdoj.gov.
permits to carry their weapons while training dogs.
15A NCAC 10B .0201 – The manner of take rule is proposed for       Comments may be submitted to: Kate Pipkin, North Carolina
amendment to allow hunters to use dogs while hunting on            Wildlife Resources Commission, 1701 Mail Service Center,
Sundays.                                                           Raleigh, North Carolina 27699-1721, Phone (919) 707-0065, E-
                                                                   Mail kathryn.pipkin@ncwildlife.org


26:03                                           NORTH CAROLINA REGISTER                                            August 1, 2011
                                                          95
                                                       PROPOSED RULES

Comment period ends: September 30, 2011                                               (B)       the facility of origination;
                                                                                      (C)       the facility of destination;
Procedure for Subjecting a Proposed Rule to Legislative                               (D)       the date(s) upon which the transfer is
Review: If an objection is not resolved prior to the adoption of                                to take place; and
the rule, a person may also submit written objections to the                          (E)       the means by which the cervid is to
Rules Review Commission after the adoption of the Rule. If the                                  be transported; and
Rules Review Commission receives written and signed                          (3)      The executive director or his designee
objections after the adoption of the Rule in accordance with G.S.                     confirms receipt of the information requested
150B-21.3(b2) from 10 or more persons clearly requesting                              in Subparagraph (b)(2) of this Rule.
review by the legislature and the Rules Review Commission           Transportation of cervids between facilities that are licensed to
approves the rule, the rule will become effective as provided in    the same individual shall be permitted upon the condition that
G.S. 150B-21.3(b1). The Commission will receive written             the licensed applicant log the information required by
objections until 5:00 p.m. on the day following the day the         Subparagraph (b)(2) of this Rule rather than submit a separate
Commission approves the rule. The Commission will receive           application for each transportation.
those objections by mail, delivery service, hand delivery, or       (c) The executive director or his designee shall waive the
facsimile transmission. If you have any further questions           requirements in 15A NCAC 10B .0101 specific to the rule
concerning the submission of objections to the Commission,          banning importation of cervids and shall issue a transportation
please call a Commission staff attorney at 919-431-3000.            permit to an applicant for such a waiver provided that:
                                                                             (1)      The executive director or his designee
Fiscal Impact:                                                                        determines that the applicant is eligible for a
         State                                                                        waiver according to standards listed in
         Local                                                                        Paragraph (a) of this Rule;
         Substantial Economic Impact (>$500,000)                             (2)      The applicant is a captive cervid licensee with
         None                                                                         a Certified herd according to 15A NCAC 10H
                                                                                      .0304;
  CHAPTER 10 - WILDLIFE RESOURCES AND WATER                                  (3)      The source U.S. or Mexican state or territory,
                    SAFETY                                                            Canadian province or other country has not
                                                                                      detected CWD in its wild herd;
      SUBCHAPTER 10A - WILDLIFE RESOURCES                                    (2)(4) The herd of origin for all cervids the requested
                 COMMISSION                                                           cervid to be imported has met the following
                                                                                      conditions:
                 SECTION .1100 – WAIVER                                               (A)       The herd has been held in a facility
                                                                                                that has been secured by a fence
15A NCAC 10A .1101 WAIVER                                                                       adequate to contain the cervid species
(a) The executive director or his designee shall waive rule                                     within; fence that has not been
provisions listed in Paragraph (b) of this Rule and subsequent                                  breached or jumped by a cervid for at
Paragraphs under specified conditions and according to the                                      least five years, and into which no
following standards:                                                                            cervid has been introduced for at least
         (1)      The applicant has complied with the laws of                                   five years;
                  North Carolina and with rules promulgated by                        (B)       All deceased animals over the age of
                  the    Wildlife     Resources     Commission;                                 12 months of the following species
                  Commission relative to cervids;                                               have been submitted for CWD
         (2)      The Commission is able to safeguard the                                       testing: white-tailed deer, white-tailed
                  wildlife resources in North Carolina while                                    deer hybrid, Sika deer, red deer, elk,
                  granting the waiver; and                                                      elk hybrid, moose or any other
         (3)      The applicant is able to meet the conditions of                               species of cervid in which the
                  the waiver.                                                                   scientific community has documented
(b) The executive director or his designee shall waive the rule                                 naturally-occurring Chronic Wasting
banning intrastate transfer of cervids and shall issue a                                        Disease (CWD) members of the herd
transportation permit to an applicant for such a waiver provided                                that have died in the past five years
that:                                                                                           have been tested for Chronic Wasting
         (1)      The executive director or his designee                                        Disease [CWD]; and all CWD test
                  determines that the applicant is eligible for a                               results have been negative. negative;
                  waiver according to standards listed in                                       and
                  Paragraph (a) of this Rule;                                         (C)       Facility      records     demonstrating
         (2)      The eligible applicant shall first notify the                                 compliance with the conditions in this
                  Commission of the following:                                                  Subparagraph have been submitted
                  (A)      the tag number(s) assigned to the                                    with the import application.
                           cervid;                                           (5)      The applicant can provide documentation that:


26:03                                           NORTH CAROLINA REGISTER                                               August 1, 2011
                                                          96
                                                        PROPOSED RULES

                  (A)      The requested cervid has not been in      any state or province where Chronic Wasting Disease occurs and
                           a facilty with a CWD-positive animal      issue a waiver letter to an applicant provided that:
                           within the five years prior to the                 (1)       The executive director or his designee
                           importation request;                                         determines that the applicant is eligible for a
                 (B)       The requested cervid has never been                          waiver according to standards listed in
                           in a facility quarantined for CWD;                           Paragraph (a) of this Rule;
                           and                                                (2)       The applicant has complied with the laws of
                 (C)       No other animals in the herd of                              state where the cervid was or will be
                           origin, or any other herd to which the                       harvested; and
                           requested cervid has belonged, have                (3)       The cervid was or will be harvested within 20
                           been in a facility with a CWD-                               miles of the North Carolina state line.
                           positive animal within the five years
                           prior to the importation request.         Authority G.S. 113-134; 113-274; 150B-19(6).
         (6)     The executive director is satisfied that all
                 documentation described in Subparagraph (5)             SUBCHAPTER 10B - HUNTING AND TRAPPING
                 of this Rule provided to him is authentic,
                 accurate and complete.                                     SECTION .0100 - GENERAL REGULATIONS
         (3)(7) The eligible applicant shall provide first notify
                 the     Commission        of    the     following   15A NCAC 10B .0101           IMPORTATION OF WILD
                 details:following:                                  ANIMALS AND BIRDS
                 (A)       the tag number(s) or other                (a) Before any live wild bird or wild animal is imported into
                           identification    assigned     to   the   North Carolina for any purpose, a permit shall be obtained from
                           cervid;cervix;                            the Executive Director of the North Carolina Wildlife Resources
                 (B)       the age and species of the cervid;        Commission authorizing the importation, using application
                 (C)       the state, province or country of         forms provided by the Commission. Only captive cervid
                           origination;                              licensees with Certified Herds as defined in 15A NCAC 10H
                 (B)(D) the facility of origination;                 .0304 may obtain permits to import cervids.
                 (C)(E) the facility of destination;                 (b) Deer, elk, or other species in the family Cervidae may only
                 (D)(F) the date(s) upon which the transfer is       be imported into the state of North Carolina from a herd in
                           to take place; and                        which Chronic Wasting Disease (CWD) has not been detected
                 (E)(G) the means by which the cervid is to          for at least five years. years and has been managed using
                           be transported. transported; and          standards equivalent to, or more stringent than, the criteria
         (4)(8) The executive director or his designee               specified in 15A NCAC 10H .0301 and 15A NCAC 10H .0302.
                 confirms receipt of all the information             There shall be no importation of any cervid from individual U.S.
                 requested in Subparagraph (c)(3) Paragraph (c)      or Mexican states or territories, Canadian provinces or other
                 of this Rule.                                       countries in which CWD has been detected, either in a wild herd
(d) The executive director or his designee shall waive the rule      or a captive herd.
against cervid facility expansion and to amend a license to          (c) Importation permits for white-tailed deer, white-tailed deer
permit expansion to an applicant for such a waiver provided that:    hybrids, Sika deer, red deer, elk, elk hybrids, moose or any other
         (1)     The executive director or his designee              species of cervid in which the scientific community has
                 confirms the applicant's eligibility for a waiver   documented naturally-occurring CWD will only be issued for
                 according to standards listed in Paragraph (a)      animals that come from The individual U.S. or Mexican states or
                 of this Rule;                                       territories, state or territory, Canadian provinces province or
         (2)     The eligible applicant shall first notify           other countries country of origin which have a license type,
                 Commission of the following:                        certification program or monitoring program that requires
                 (A)       the location of the facility for which    captive cervid facility owners to, at a minimum,:
                           expansion is desired;                               (1)      submit for CWD testing all deceased animals
                 (B)       the number of cervids held at that                           over the age of 12 months;
                           facility;                                           (2)      tag, tattoo or otherwise permanently mark all
                 (C)       the number of births or purchases of                         animals over the age of 12 months; and
                           cervids expected within a year of the               (3)      keep records of all acquisitions and all
                           application; and                                             dispositions in the facility.
                 (D)       the proposed capacity for which           The requirements specified in Subparagraphs (1), (2) and (3) of
                           expansion is desired; and                 this Paragraph apply only to the following species of cervid:
         (3)     The executive director or his designee              white-tailed deer, white-tailed deer hybrids, Sika deer, red deer,
                 confirms receipt of the information requested       elk, elk hybrids, moose or any other species of cervid in which
                 in Paragraphs (c) and (d) of this Rule.             the scientific community has documented naturally-occurring
(e) The executive director or his designee shall waive the rule      CWD. must have CWD monitoring requirements that are at least
banning the importation of a cervid carcass or carcass part from     as stringent as those described in this Rule, 15A NCAC 10H


26:03                                            NORTH CAROLINA REGISTER                                             August 1, 2011
                                                           97
                                                        PROPOSED RULES

.0301 and 15A NCAC 10H .0302. The originating individual                   of a landholder and after such investigation of
U.S. or Mexican state's or territory's, Canadian province's or             the circumstances as he may require, issue a
other country's CWD monitoring program must be jointly                     permit to such landholder to take any species
reviewed by Wildlife Resources Commission and Department of                of wildlife which is or has been damaging or
Agriculture and Consumer Services personnel before approval                destroying his property provided there is
of any importation of cervids into North Carolina. Importation             evidence of property damage in excess of fifty
permit applications must indicate the source herd and the source           dollars ($50.00). No permit may be issued for
herd must be successfully participating in a certification program         the taking of any migratory birds and other
or monitoring program with the requirements listed in this                 federally protected animals unless a
paragraph, or else have a license type that does the same. There           corresponding valid U.S. Fish and Wildlife
shall be no importation from individual U.S. or Mexican states             Service depredation permit, if required, has
or territories, Canadian provinces or other countries in which             been issued. The permit shall name the
CWD has been detected, either in a wild herd or a captive herd.            species allowed to be taken and, in the
(d) Importation permits for cervid species not specified in                discretion of the Executive Director or an
Paragraph (c) of this Rule, except mule deer (G.S. 113-294(p)),            agent, may contain limitations as to age, sex or
will only be issued for animals which have been kept in a fenced           any other condition within the species so
facility which has not contained any of the species specified in           named. The permit may be used only by the
Paragraph (c) of this Rule for at least five years prior to                landholder or another person named on the
importation. All animals from mixed herds are subject to the               permit.
restrictions in Paragraph (c) of this Rule.                          (3)   Special Circumstances. In addition to the
(c)(e)     Cervids imported into North Carolina shall be                   circumstances described in Subparagraph (2)
individually identified by tags provided by the Wildlife                   of this Paragraph, the Executive Director or his
Resources Commission that shall be affixed by the licensee to              designee may issue a permit to a person or
each cervid as set forth in 15A NCAC 10H .0301.                            persons for the taking of wildlife resources in
(d)(f)Waterfowl imported into North Carolina must be received              circumstances of overabundance or when the
from facilities or individuals who are certified under the                 wildlife resources present a danger to human
National Poultry Improvement Plan (NPIP) as pullorum-typhoid               safety.      Municipalities seeking such a
and avian influenza negative. If the source birds are not part of          depredation permit must apply to the
NPIP, they must be tested pullorum-typhoid and avian influenza             Executive Director using a form supplied by
negative by NPIP standards within 30 days prior to entry into              the Commission which will request the
North Carolina. Health certificates for imported waterfowl shall           following information:
be available for inspection by authorized Commission personnel             (A)       the name and location of the
upon request.                                                                        municipality;
                                                                           (B)       the acreage of the affected property;
Authority G.S. 106.549.97; 113-134; 113-272.6; 113-274; 113-               (C)       a map of the affected property;
291.3.                                                                     (D)       the signature of an authorized
                                                                                     municipality representative;
15A NCAC 10B .0106         WILDLIFE TAKEN FOR                              (E)       the nature of the overabundance or
DEPREDATIONS OR ACCIDENTALLY                                                         the threat to public safety and any
(a) Depredation Permit:                                                              previous actions taken by the
        (1)      Endangered or Threatened Species. No permit                         municipality to ameliorate the
                 shall be issued to take any endangered or                           problem; and
                 threatened species of wildlife listed under 15A           (F)       in the case of deer overabundance or
                 NCAC 10I by reason of depredations to                               a threat to public safety from deer, the
                 property.     An individual may take an                             years in which the municipality
                 endangered or threatened species in immediate                       participated in the Urban Archery
                 defense of his own life or of the lives of others                   Season. If the municipality has not
                 without a permit.         Any endangered or                         participated in the Urban Archery
                 threatened species which may constitute a                           Season, the municipality must explain
                 demonstrable but non-immediate threat to                            why.
                 human safety shall be reported to a federal or      (4)   Wildlife Damage Control Agents:             Upon
                 state wildlife enforcement officer, who, upon             completion of a training course designed for
                 verification of the report, may take or remove            the purpose of reviewing and updating
                 the specimen as provided by 15A NCAC 10I                  information on wildlife laws and safe, humane
                 .0102.                                                    wildlife       handling       techniques      and
        (2)      Other Wildlife Species. Except as provided in             demonstration of a knowledge of wildlife laws
                 Subparagraph (1) of this Paragraph, the                   and safe, humane wildlife handling techniques,
                 Executive Director or an agent of the Wildlife            an individual with no record of wildlife law
                 Resources Commission may, upon application                violations may apply to the Wildlife Resources


26:03                                            NORTH CAROLINA REGISTER                                   August 1, 2011
                                                           98
                                                        PROPOSED RULES

                   Commission (Commission) to become a                                 the permit. When trapping is authorized, in
                   Wildlife Damage Control Agent (WDCA).                               order to limit the taking to the intended
                   Those persons who demonstrate knowledge of                          purpose, the permit may specify a reasonable
                   wildlife laws and safe, humane wildlife                             distance from the property sought to be
                   handling techniques by a passing score of at                        protected, according to the particular
                   least 85 percent on a written examination                           circumstances, within which the traps must be
                   provided by a representative of the Wildlife                        set. The Executive Director or agent may also
                   Resources Commission in cooperation with                            state in a permit authorizing trapping whether
                   the training course provider shall be approved.                     or not bait may be used and the type of bait, if
                   Those persons failing to obtain a passing score                     any, that is authorized. In addition to any
                   shall be given one chance for re-testing                            trapping restrictions that may be contained in
                   without re-taking the course. Those persons                         the permit the method of trapping must be in
                   approved as agents by the Commission may                            accordance with the requirements and
                   then issue depredation permits to landholders                       restrictions imposed by G.S. 113-291.6 and
                   and be listed as a second party to provide the                      other local laws passed by the General
                   control service.     WDCAs may not issue                            Assembly.       No depredation permit shall
                   depredation permits for big game animals,                           authorize the use of poisons or pesticides in
                   bats, or species listed as endangered,                              taking wildlife except in accordance with the
                   threatened or special concern under 15A                             provisions of the North Carolina Pesticide Law
                   NCAC 10I .0103, .0104 and .0105 of this                             of 1971, the Structural Pest Control Act of
                   Chapter. WDCAs must report to the Wildlife                          1955, and G.S. 113, Article 22A.              No
                   Resources Commission the number and                                 depredation permit shall authorize the taking
                   disposition of animals taken, by county,                            of wildlife by any method by any landholder
                   annually. Records must be available for                             upon the lands of another.
                   inspection by a Wildlife Enforcement officer               (3)      Intentional Wounding. It is unlawful for any
                   at any time during normal business hours.                           landholder, with or without a depredation
                   Wildlife Damage Control Agent status shall be                       permit, intentionally to wound a wild animal in
                   revoked at any time by the Executive Director                       a manner so as not to cause its immediate
                   when there is evidence of violations of wildlife                    death as suddenly and humanely as the
                   laws, failure to report, or inhumane treatment                      circumstances permit.
                   of animals by the WDCA. A WDCA may not             (d) Disposition of Wildlife Taken:
                   charge for the permit, but may charge for his              (1)      Generally.      Except as provided by the
                   or her investigations and control services. In                      succeeding Subparagraphs of this Paragraph,
                   order to maintain a knowledge of current laws,                      any wildlife killed accidentally or without a
                   rules, and techniques, each WDCA must                               permit while committing depredations shall be
                   renew his or her agent status every three years                     buried or otherwise disposed of in a safe and
                   by showing proof of having attended at least                        sanitary manner on the property. Wildlife
                   one training course provided for the purpose of                     killed under a depredation permit may be
                   reviewing and updating information on                               transported to an alternate disposal site if
                   wildlife laws and safe, humane wildlife                             desired. Anyone in possession of carcasses of
                   handling techniques within the previous 12                          animals being transported under a depredation
                   months.                                                             permit must have the depredation permit in
(b) Term of Permit. Each depredation permit issued by the                              their possession. Except as provided by the
Executive Director or an agent shall have entered thereon a date                       succeeding Subparagraphs of (d)(2) through
or time of expiration after which date or time the same is invalid                     (6) of this Rule, all wildlife killed under a
for any purpose, except as evidence of lawful possession of any                        depredation permit must be buried or
wildlife that may be retained thereunder.                                              otherwise disposed of in a safe and sanitary
(c) Manner of Taking:                                                                  manner.
          (1)      Taking Without a Permit. Wildlife taken                    (2)      Deer. The edible portions of up to five deer
                   without a        permit while committing                            may be retained by the landholder for
                   depredations to property may, during the open                       consumption but must not be transported from
                   season on the species, be taken by the                              the property where the depredations took place
                   landholder by any lawful method. During the                         without a valid depredation permit. The
                   closed season such depredating wildlife may                         landholder may give a second party the edible
                   be taken without a permit only by the use of                        portions of the deer taken under the
                   firearms.                                                           depredation permit. The receiver of the edible
          (2)      Taking With a Permit. Wildlife taken under a                        portions must hold a copy of the depredation
                   depredation permit may be taken only by the                         permit. The nonedible portions of the carcass,
                   method or methods specifically authorized by                        including head, hide, feet, and antlers, shall be


26:03                                             NORTH CAROLINA REGISTER                                             August 1, 2011
                                                            99
                                                    PROPOSED RULES

              disposed of as specified in Subparagraph (1) of                       was killed accidentally. The taxidermist shall
              this Paragraph or turned over to a wildlife                           certify and record the circumstances of
              enforcement officer for disposition. When a                           acquisition as determined by the injuries to the
              deer is accidentally killed on a road or                              animal. Licensed taxidermists shall keep
              highway by reason of collision with a motor                           accurate records of each wildlife specimen
              vehicle, the law enforcement officer who                              received pursuant to the rule as required by
              investigates the accident shall, upon request of                      15A NCAC 10H .1003 of this Chapter. Upon
              the operator of the vehicle, provide such                             delivery of the finished taxidermy product to
              operator a written permit authorizing him to                          the person presenting the animal, the
              possess and transport the carcass of such deer                        taxidermist shall give the person a receipt
              for his personal and lawful use, including                            indicating the sex and species, date of
              delivery of such carcass to a second person for                       delivery, circumstances of initial acquisition
              his private use or the use by a charitable                            and the name, address, and signature of the
              organization upon endorsement of such permit                          taxidermist. The receipt shall be permanently
              to such person or organization by name and                            affixed to the back or bottom of the finished
              when no money or other consideration of                               product and shall be retained by the person for
              value is received for such delivery or                                as long as the mounted specimen is kept.
              endorsement.                                                          Mounted specimens possessed pursuant to this
        (3)   Fox. Any fox killed accidentally shall be                             Rule may not be sold and, if such specimens
              disposed of in the manner provided by                                 are transferred by gift or inheritance, the new
              Subparagraph (1) or (6) of this Paragraph.                            owner must retain the permit to document the
              Any fox killed under a depredation permit may                         legality of possession. This provision does not
              be disposed of in the same manner or, upon                            allow possession of accidentally killed raptors;
              compliance with the fur tagging requirements                          nongame migratory birds; species listed as
              of 15A NCAC 10B .0400, the carcass or pelt                            endangered, threatened, or of special concern
              thereof may be sold to a licensed fur dealer.                         under 15A NCAC 10I .0103, .0104, and .0105
        (4)   Furbearing Animals. The carcass or pelt of                            of this Chapter; black bear or wild turkey.
              any furbearing animal killed during the open                  (7)     Edible portions of wild boar taken under
              season for taking such furbearing animal either                       depredation permit may be retained by the
              accidentally or for control of depredations to                        landowner for consumption or, if stipulated on
              property, whether with or without a permit,                           the permit, donated to a charitable food
              may be sold to a licensed fur dealer provided                         organization.
              that the person offering such carcass or pelt for   (e) Reporting Requirements. Any landholder who kills a deer,
              sale has a valid hunting or trapping license,       Canada goose, bear or wild turkey under a valid depredation
              provided further that, bobcats and otters may       permit shall report such kill on the form provided with the
              only be sold upon compliance with any               permit and mail the form upon the expiration date to the Wildlife
              required fur tagging requirement set forth in       Resources Commission. The killing and method of disposition
              15A NCAC 10B .0400.                                 of every game animal and game bird, every furbearing animal,
        (5)   Animals Taken Alive. Wild animals in the            and every nongame animal or nongame bird for which there is
              order Carnivora and beaver shall be humanely        no open season, when killed for committing depredations to
              euthanized either at the site of capture or at a    property, without a permit, shall be reported to the Wildlife
              facility designed to humanely handle the            Resources Commission within 24 hours following the time of
              euthanasia or released on the property where        such killing, except that when the carcass or pelt of a fox, killed
              captured. Animals transported or held for           under a depredation permit, or of a furbearing animal, killed
              euthanasia must be euthanized within 12 hours       with or without a permit, is lawfully sold to a licensed fur dealer
              of capture. Anyone in possession of live            in this State the fur dealer is required to report the source of
              animals being transported for relocation or         acquisition and no report is required of the seller.
              euthanasia under a depredation permit must
              have the depredation permit in his or her           Authority G.S. 113-134; 113-273; 113-274; 113-291.4; 113-
              possession.                                         291.6; 113-300.1; 113-300.2; 113-307; 113-331; 113-333; 113-
        (6)   A person killing a wild bird or wild animal         334(a); 113-337.
              accidentally with a motor vehicle or finding a
              dead wild bird or wild animal which was killed      15A NCAC 10B .0114          DOG TRAINING AND FIELD
              accidentally may possess that wild bird or wild     TRIALS
              animal for a period not to exceed 10 days for       (a) Except as provided in Paragraphs (b) and (c) of this Rule,
              the purpose of delivering it to a licensed          each person engaged in training or running a dog or dogs and
              taxidermist for preparation. The licensed           each active participant in a field trial shall have obtained a North
              taxidermist may accept the wild bird or wild        Carolina hunting license. The term "active participant" as used
              animal after satisfying himself that the animal     herein includes each person who owns or handles dogs, carries a


26:03                                         NORTH CAROLINA REGISTER                                               August 1, 2011
                                                       100
                                                         PROPOSED RULES

firearm, or is a member of an organized group engaged in the           indicating the propagation license number for the facility from
conduct of a field trial, but does not include a person who is         which the birds originated.
observing a field trial incidentally or who has stopped to witness     Authority G.S. 113-134; 113-273; 113-276; 113-291.1;
a part of it.                                                          113-291.5; 50 C.F.R. 21.13.
(b) A person serving as judge of a commission-sanctioned field
trial and any nonresident participating therein may do so without                       SECTION .0200 - HUNTING
having a North Carolina license, provided such nonresident has
in his possession a valid hunting license issued by the state of his   15A NCAC 10B .0201           PROHIBITED TAKING AND
residence. A "commission-sanctioned" field trial is one which,         MANNER OF TAKE
pursuant to a written request from the sponsoring organization,        (a) It is unlawful for any person to take, or have in possession,
has been authorized in writing and scheduled for occurrence by         any wild animal or wild bird listed in this Section except during
an authorized representative of the Wildlife Resources                 the open seasons and in accordance with the limits herein
Commission.                                                            prescribed, or as prescribed by 15A NCAC 10B .0300 pertaining
(c)        Persons without license may participate in                  to trapping or 15A NCAC 10D applicable to game lands
commission-sanctioned field trials for beagles conducted               managed by the Wildlife Resources Commission, unless
without firearms on private field trial areas which are fenced in      otherwise specifically permitted by law. Lawful seasons and
accordance with G.S. 113-276(k).                                       bag limits for each species apply beginning with the first day of
(d) Except as allowed by regulations pertaining to authorized          the listed season and continue through the last day of the listed
field trials, and handguns carried by individuals with valid           season, with all dates being included. When any hunting season
concealed handgun permits, it is unlawful to carry firearms,           ends on a January 1 that falls on a Sunday, that season is
axes, saws or climbing irons while training or running dogs            extended to Monday, January 2.
during closed season on game animals.                                  (b) On Sundays, hunting on private lands is allowed with the
(e) Except as authorized in this Paragraph, no firearms firearms,      following restrictions:
except handguns carried by individuals with valid concealed                      (1)      Only archery equipment as described in 15A
handgun permits, or other hunting weapons may shall be                                    NCAC 10B .0116, falconry, and dogs where
possessed or used during any field trial for foxhounds or any                             and when allowed the other days of the week
field trial conducted during the closed hunting season for any                            15A NCAC 10B .0116 and falconry are lawful
other species of wildlife serving as the quarry or prey. On a                             methods of take; and
commission-sanctioned field trial for retrievers or bird dogs,                   (2)      Migratory game birds may not be taken on
shotguns containing live ammunition or firearms using only                                Sundays.
blank ammunition may be used only when the application for             (c) On Sundays, hunting on public lands is allowed with the
and the authorization of the field trial so provide. No wild           following restrictions:
waterfowl, quail or pheasant shall be used in field trials when                  (1)      Only falconry and dogs used in conjunction
shotguns with live ammunition are permitted. All waterfowl,                               with falconry are is a lawful methodsmethod
quail and pheasants so used shall be obtained from a licensed                             of take; and
game bird propagator. Each specimen of waterfowl so obtained                     (2)      Migratory game birds may not be taken on
shall be marked by one of the methods provided by 50 C.F.R.                               Sundays.
21.13. Each pheasant or quail so obtained shall be banded by           These restrictions do not apply to military installations under the
the propagator prior to delivery with a leg band that is imprinted     exclusive jurisdiction of the federal government.
with the number of his or her propagation license. The                 (d) Those animals not classified as game animals in G.S. 113-
purchaser of such birds shall obtain a copy of the receipt from        129(7c), and for which a season is set under this Section, may be
the propagator showing the date and the number and species of          taken during the hours and methods authorized for taking game
birds purchased. The copy of the receipt shall be available for        animals.
inspection by any authorized agent of the Wildlife Resources           Note: Where local laws govern hunting, or are in conflict with
Commission during the time and at the place where the trial is         these regulations, the local law shall prevail.
being held.
(f) Applications for authorization of a field trial shall be           Authority G.S. 103-2; 113-291.1(a); 113-134; 113-291.2;
submitted in writing to a Wildlife Enforcement Officer at least        113-291.3.
30 days prior to the scheduled event.
(g) Pursuant to G.S. 113-291.1(d), hunters may train dogs using        15A NCAC 10B .0202        BEAR
shotguns with shot of number 4 size or smaller during the closed       (a) Open Seasons for bear shall be from the:
season using domestically raised waterfowl and domestically                    (1)     Monday on or nearest October 15 to the
raised game birds. Only nontoxic shot shall be used when                               Saturday before Thanksgiving and the third
training dogs using domestically raised waterfowl. All                                 Monday after Thanksgiving to January 1 in
domestically raised waterfowl shall be individually tagged on                          and west of Surry, Wilkes, Caldwell, Burke
one leg with a seamless band stamped with the number of the                            and Cleveland counties. the boundary formed
propagation license for the facility from which the domestically                       by I-77 from the Virginia State line to the
raised waterfowl originated. All other domestically raised game                        intersection with I-40, continuing along I-40
birds shall be individually tagged on one leg with a band


26:03                                              NORTH CAROLINA REGISTER                                              August 1, 2011
                                                            101
                                                      PROPOSED RULES

                  west until the intersection of NC 18 and NC 18             Macon County--Standing Indian bear sanctuary
                  to the South Carolina State line.                          Macon County--Wayah bear sanctuary
         (2)      Second Monday in November to the following                 Madison County--Rich Mountain bear sanctuary
                  Saturday and the third Monday after                        McDowell and Yancey counties--Mt. Mitchell bear
                  Thanksgiving to the following Wednesday in                          sanctuary except by permit only
                  all of Halifax, Martin and Northampton                     Mitchell and Yancey counties--Flat Top bear sanctuary
                  counties.                                                  Wilkes County--Thurmond Chatham bear sanctuary
         (3)(2) Second Monday in November to January 1 in          (c) Bag limits shall be:
                  all of Bladen, Carteret, Cumberland, Duplin,               (1)      daily, one;
                  New Hanover, Onslow, Pamlico, Pender and                   (2)      possession, one;
                  Sampson counties.                                          (3)      season, one.
         (4)(3) First Monday in December to the third              (d) Kill Reports. The carcass of each bear shall be tagged and
                  Saturday thereafter in Brunswick and             the kill reported as provided by 15A NCAC 10B .0113.
                  Columbus counties.
         (5)(4) Second Monday in November to the following         Authority G.S. 113-134; 113-291.2; 113-291.7; 113-305.
                  Saturday and the third Monday after
                  Thanksgiving to the fifth Saturday after         15A NCAC 10B .0203       DEER (WHITE-TAILED)
                  Thanksgiving in all of Alexander, Beaufort,      (a) Open Seasons (All Lawful Weapons)
                  Camden, Catawba, Chowan, Craven, Dare,                   (1)     Deer With Visible Antlers. Deer with antlers
                  Edgecombe, Greene, Halifax, Harnett, Hyde,                       or spikes protruding through the skin, as
                  Iredell, Johnston,Jones, Lenoir, Martin, Nash,                   distinguished from knobs or buttons covered
                  Northampton, Pasquotank, Pitt, Stokes,                           by skin or velvet, may be taken during the
                  Tyrrell, Vance, Warren, and Washington                           following seasons:
                  Washington, Wayne, Wilson and Yadkin                             (A)      Saturday on or nearest October 15
                  counties.                                                                 through January 1 in all of Beaufort,
         (6)(5) Saturday preceding the second Monday in                                     Bertie, Bladen, Brunswick, Camden,
                  November to the following Saturday and the                                Carteret,   Chowan,       Columbus*,
                  third Monday after Thanksgiving to the fifth                              Cumberland, Craven, Currituck,
                  Saturday after Thanksgiving in Bertie,                                    Dare, Duplin, Edgecombe, Franklin,
                  Currituck, Gates, Hertford and Perquimans                                 Gates, Greene, Halifax, Harnett,
                  counties.                                                                 Hertford, Hoke, Hyde, Johnston,
         (7)      Second Monday in November to the following                                Jones, Lenoir, Martin, Moore, Nash,
                  Saturday in Greene, Lenoir and Pitt counties.                             New Hanover, Northampton, Onslow,
(b) No Open Season. There is no open season in any area not                                 Pamlico,     Pasquotank,       Pender,
included in Paragraph (a) of this Rule or in those parts of                                 Perquimans,     Pitt,    Richmond**,
counties included in the following posted bear sanctuaries:                                 Robeson, Sampson, Scotland**,
         Avery, Burke and Caldwell counties--Daniel Boone                                   Tyrrell, Vance, Wake, Warren,
                  bear sanctuary except by permit only                                      Washington, Wayne, and Wilson
         Beaufort, Bertie and Washington counties--Bachelor                                 counties.
                  Bay bear sanctuary                                                        *Unlawful to hunt or kill deer in Lake
         Beaufort and Pamlico counties--Gum Swamp bear                                      Waccamaw or within 50 yards of its
                  sanctuary                                                                 shoreline.
         Bladen County--Suggs Mill Pond bear sanctuary                                      **Refer to 15A NCAC 10D .0103(h)
         Brunswick County--Green Swamp bear sanctuary                                       for seasons on Nicholson Creek,
         Buncombe, Haywood, Henderson and Transylvania                                      Rockfish Creek and Sandhills Game
                  counties--Pisgah bear sanctuary                                           Lands.
         Carteret, Craven and Jones counties--Croatan bear                         (B)      Saturday     before     Thanksgiving
                  sanctuary                                                                 through January 1 in all Alexander,
         Clay County--Fires Creek bear sanctuary                                            Alleghany, Ashe, Catawba, Davie,
         Columbus County--Columbus County bear sanctuary                                    Forsyth, Gaston, Iredell, Lincoln,
         Currituck County--North River bear sanctuary                                       Stokes, Surry, Watauga, Wilkes*, and
         Dare County--Bombing Range bear sanctuary except by                                Yadkin counties.
                  permit only                                                               *Refer to 15A NCAC 10D .0103(h)
         Haywood County--Harmon Den bear sanctuary                                          for seasons on Buffalo Cove game
         Haywood County--Sherwood bear sanctuary                                            land.
         Hyde County--Gull Rock bear sanctuary                                     (C)      Monday of Thanksgiving week
         Hyde County--Pungo River bear sanctuary                                            through the third Saturday after
         Jackson County--Panthertown-Bonas Defeat bear                                      Thanksgiving Day in all of Avery,
                  sanctuary                                                                 Buncombe,       Burke,      Caldwell,


26:03                                           NORTH CAROLINA REGISTER                                          August 1, 2011
                                                         102
                                                   PROPOSED RULES

                       Cherokee, Clay, Graham, Haywood,                   military commands during the period
                       Henderson,        Jackson,     Macon,              from Saturday on or nearest October
                       Madison, McDowell, Mitchell, Polk,                 15 through January 1 in that part of
                       Swain, Transylvania, and Yancey                    Brunswick County known as the
                       counties.                                          Sunny      Point    Military    Ocean
              (D)      Two Saturdays before Thanksgiving                  Terminal, in that part of Craven
                       through January 1 in all of Alamance,              County known and marked as Cherry
                       Anson, Cabarrus, Caswell, Chatham,                 Point Marine Base, in that part of
                       Davidson,       Durham,     Granville,             Onslow County known and marked
                       Guilford,       Lee,     Mecklenburg,              as the Camp Lejeune Marine Base, on
                       Montgomery,        Orange,     Person,             Fort Bragg Military Reservation, and
                       Randolph, Rockingham, Rowan,                       on      Camp      Mackall     Military
                       Stanly, and Union counties.                        Reservation.
              (E)      Saturday on or nearest September 10          (C)   Youth either sex deer hunts. First
                       through January 1 in those parts of                Saturday in October for youth either
                       Camden, Gates and Pasquotank                       sex deer hunting by permit only on a
                       counties known as the Dismal Swamp                 portion of Belews Creek Steam
                       National Wildlife Refuge, in those                 Station in Stokes County designated
                       parts of Hyde, Tyrrell and                         by agents of the Commission and the
                       Washington counties known as the                   third Saturday in October for youth
                       Pocosin Lakes National Wildlife                    either-sex deer hunting by permit
                       Refuge, in those parts of Anson and                only on Mountain Island State Forest
                       Richmond counties known as the Pee                 in Lincoln and Gaston counties; and
                       Dee National Wildlife Refuge, and in               the second Saturday in November for
                       that part of Currituck County known                youth either-sex deer hunting by
                       as the Mackay Island National                      permit only on apportion of Warrior
                       Wildlife Refuge.                                   Creek located on W. Kerr Scott
              (F)      Monday of Thanksgiving week                        Reservoir, Wilkes County designated
                       through the fifth Saturday after                   by agents of the Commission.
                       Thanksgiving Day in all of Cleveland         (D)   The last open day of the Deer with
                       and Rutherford counties, except for                Visible Antlers season described in
                       South Mountain Game Land.                          Subparagraph (a)(1) of this Rule in all
        (2)   Deer of Either Sex. Except on Game Lands,                   of       Buncombe,         *Haywood,
              deer of either sex may be taken during the                  Henderson,         Madison         and
              open seasons and in the counties and portions               Transylvania counties** and the
              of counties listed in this Subparagraph: (Refer             following parts of counties:
              to 15A NCAC 10D .0103 for either sex                        Avery: That part south of the Blue
              seasons on Game Lands):                                     Ridge Parkway; and
              (A)      The open either-sex deer hunting                   Yancey: That part south of US 19
                       dates established by the U.S. Fish and             and US 19E.
                       Wildlife Service during the period                 *except for that part east of NC 191,
                       from the Saturday on or nearest                    south of the French Broad and
                       September 10 through January 1 in                  Swannanoa Rivers, west of US 25,
                       those parts of Camden, Gates and                   and north of NC 280
                       Pasquotank counties known as the                   **see 15A NCAC 10D .0103 for deer
                       Dismal Swamp National Wildlife                     of either sex seasons on game lands
                       Refuge, in those parts of Hyde,                    that differ from the days identified in
                       Tyrrell and Washington counties                    this Subparagraph
                       known as the Pocosin Lakes National          (E)   The last six open days of the Deer
                       Wildlife Refuge, in those parts of                 With      Visible    Antlers    season
                       Anson and Richmond counties known                  described in Subparagraph (a)(1) of
                       as the Pee Dee National Wildlife                   this Rule in all of Burke, Caldwell,
                       Refuge, and in those parts of                      McDowell, Mitchell Mitchell, Polk
                       Currituck County known as the                      and the following parts of counties:
                       Currituck National Wildlife Refuge                 Avery: That part north of the Blue
                       and the Mackay Island National                               Ridge Parkway;
                       Wildlife Refuge.                                   Yancey: That part north of US 19
              (B)      The open either-sex deer hunting                             and US 19E.
                       dates established by the appropriate


26:03                                        NORTH CAROLINA REGISTER                           August 1, 2011
                                                      103
                                                      PROPOSED RULES

                 (F)     The first six open days and the last                              Creek, Rockfish Creek and Sandhills
                         six open days of the Deer with                                    Game Lands.
                         Visible Antlers season described in               (2)    Restrictions
                         Subparagraph (a)(1) of this Rule in all                  (A)      Dogs may not be used for hunting
                         of Cleveland Cleveland, Polk and                                  deer during the bow and arrow
                         Rutherford counties.                                              season. season, except a single dog on
                (G)      All the open days of the Deer With                                a leash may be used to retrieve a
                         Visible Antlers season described in                               wounded deer in accordance with
                         Subparagraph (a)(1) of this Rule in                               G.S. 113-291.1(k).
                         and east of Ashe, Watauga, Wilkes,                       (B)      It is unlawful to carry any type of
                         Alexander, Catawba, Lincoln and                                   firearm while hunting with a bow
                         Gaston counties and in the following                              during the bow and arrow deer
                         parts of counties:                                                hunting season.season, except:
                         Buncombe: That part east of NC 191,                               (i)      if the firearm is a handgun
                         south of the French Broad and                                              carried by an individual with
                         Swannanoa Rivers, west of US 25,                                           a valid concealed handgun
                         and north of NC 280; and                                                   permit.      The individual
                         Henderson. That part east of NC 191                                        carrying a handgun must
                         and north and west of NC 280.                                              adhere to the requirements
(b) Open Seasons (Bow and Arrow)                                                                    set forth in North Carolina
        (1)     Authorization. Subject to the restrictions set                                      G.S. 14-415.11, even if the
                out in Subparagraph (2) of this Paragraph and                                       state issuing the concealed
                the bag limits set out in Paragraph (e) of this                                     handgun permit is not North
                Rule, deer of either sex may be taken with bow                                      Carolina; or
                and arrow during the following seasons:                                    (ii)     the firearm is a .22 caliber
                (A)      Saturday on or nearest September 10                                        rimfire pistol carried for the
                         to the third Friday thereafter in the                                      purpose of dispatching a
                         counties and parts of counties having                                      wounded deer in accordance
                         the open season for Deer With                                              with G.S. 113-291.1(k).
                         Visible Antlers specified by Part (A)                    (C)      Only bows and arrows of the types
                         of Subparagraph (a)(1) of this Rule,                              authorized in 15A NCAC 10B .0116
                         except on Nicholson Creek, Rockfish                               for taking deer may be used during
                         Creek, and Sandhills Game Lands.                                  the bow and arrow deer hunting
                (B)      Saturday on or nearest September 10                               season.
                         to    the     third   Friday    before    (c) Open Seasons (Muzzle-Loading Rifles, Shotguns and Bow
                         Thanksgiving in the counties and          and Arrow)
                         parts of counties having the open                 (1)    Authorization. Subject to the restrictions set
                         seasons for Deer with Visible Antlers                    out in Subparagraph (2) of this Paragraph, deer
                         specified by Part (B) of Subparagraph                    may be taken only with muzzle-loading
                         (b)(1) of this Rule except for that                      firearms and bow and arrow during the
                         portion of Buffalo Cove Game Land                        following seasons:
                         in Wilkes County.                                        (A)      The Saturday on or nearest October 1
                (C)      Monday on or nearest September 10                                 to the Friday of the second week
                         to the third Saturday thereafter, and                             thereafter in the counties and parts of
                         Monday on or nearest October 15 to                                counties having the open seasons for
                         the Saturday before Thanksgiving in                               Deer With Visible Antlers specified
                         the counties and parts of counties                                by Part (A) of Subparagraph (a)(1) of
                         having the open seasons for Deer                                  this Rule, except on Nicholson Creek,
                         With Visible Antlers specified by                                 Rockfish Creek and Sandhills Game
                         Part (C) of Subparagraph (a)(1) of                                Lands.
                         this Rule and in Cleveland and                           (B)      The third Saturday preceding
                         Rutherford counties.                                              Thanksgiving until the Friday of the
                (D)      Saturday on or nearest September 10                               second week thereafter in the
                         to the fourth Friday before                                       counties* and parts of counties
                         Thanksgiving in the counties and                                  having the open seasons for Deer
                         parts of counties having the open                                 With Visible Antlers specified by
                         season for Deer With Visible Antlers                              Part (B) of Subparagraph (a)(1) of
                         specified by Part (D) of Subparagraph                             this Rule.
                         (b)(1) of this Rule, and on Nicholson


26:03                                           NORTH CAROLINA REGISTER                                          August 1, 2011
                                                         104
                                                      PROPOSED RULES

                         *Refer to 15A NCAC 10D .0103(h)                    (1)       Authorization. Subject to the restrictions set
                         for seasons on Buffalo Cove game                             out in Subparagraph (3) of this Paragraph and
                         land.                                                        the bag limits set out in Paragraph (e) of this
                (C)      Monday on or nearest October 1to the                         Rule, deer of either sex may be taken with bow
                         Saturday of the second week                                  and arrow in participating cities in the state, as
                         thereafter     in    Cleveland     and                       defined in G.S. 160A-1(2), from the second
                         Rutherford counties and in the                               Saturday following January 1 to the fifth
                         counties and parts of counties having                        Saturday thereafter. Deer shall not be taken on
                         the open seasons for Deer With                               any game land or part thereof that occurs
                         Visible Antlers specified by Part C of                       within a city boundary.
                         Subparagraph (a)(1) of this Rule.                  (2)       Participation. Cities that intend to participate
                (D)      The fourth Saturday preceding                                in the urban season must send a letter to that
                         Thanksgiving until the Friday of the                         effect no later than April 1 of the year prior to
                         second week thereafter in the counties                       the start of the urban season to the Executive
                         and parts of counties having the open                        Director or his designee. Cities must also
                         season for Deer With Visible Antlers                         submit a map of the city's boundaries within
                         specified by Part (D) of Subparagraph                        which the urban season shall apply.
                         (a)(1) of this Rule, and on Nicholson              (3)       Restrictions:
                         Creek, Rockfish Creek and Sandhills                          (A)       Dogs shall not be used for hunting
                         Game Lands.                                                            deer during the urban season. season,
        (2)     Restrictions                                                                    except a single dog on a leash may be
                (A)      Deer of either sex may be taken                                        used to retrieve a wounded deer in
                         during muzzle-loading firearms and                                     accordance with G.S. 113-291.1(k).
                         bow and arrow season in and east of                          (B)       It is unlawful to carry any type of
                         the following        counties:    Polk,                                firearm while hunting with a bow
                         Rutherford,       McDowell,     Burke,                                 during the urban season. season,
                         Caldwell, Wautauga, and Ashe. Deer                                     except:
                         of either sex may be taken on the last                                 (i)      if the firearm is a handgun
                         day of muzzle-loading firearms and                                              carried by an individual with
                         bow and arrow season in all other                                               a valid concealed handgun
                         counties.                                                                       permit.      The individual
                (B)      Dogs shall not be used for hunting                                              carrying a handgun must
                         deer during the muzzle-loading                                                  adhere to the requirements
                         firearms and bow and arrow seasons.                                             set forth in North Carolina
                         seasons, except a single dog on a                                               G.S. 14-415.11, even if the
                         leash may be used to retrieve a                                                 state issuing the concealed
                         wounded deer in accordance with                                                 handgun permit is not North
                         G.S. 113-291.1(k).                                                              Carolina; or
                (C)      Pistols shall not be carried while                                     (ii)     the firearm is a .22 caliber
                         hunting deer during the muzzle-                                                 rimfire pistol carried for the
                         loading firearms and bow and arrow                                              purpose of dispatching a
                         seasons. seasons, except:                                                       wounded deer in accordance
                         (i)       a handgun may be carried by                                           with G.S. 113-291.1(k).
                                   an individual with a valid                         (C)       Only bows and arrows of the types
                                   concealed handgun permit.                                    authorized in 15A NCAC 10B .0116
                                   The individual carrying a                                    for taking deer shall be used during
                                   handgun must adhere to the                                   the urban season.
                                   requirements set forth in       (e) Bag limits. In and east of Vance, Franklin, Wake, Harnett,
                                   North      Carolina      G.S.   Moore and Richmond counties, the possession limit is six deer,
                                   14-415.11, even if the state    up to four of which may be deer with visible antlers. In all other
                                   issuing    the     concealed    counties of the state the possession limit is six deer, up to two of
                                   handgun permit is not North     which may be deer with visible antlers. The season limit in all
                                   Carolina; and                   counties of the state is six deer. In addition to the bag limits
                         (ii)      a .22 caliber rimfire pistol    described above, a hunter may obtain multiple bonus antlerless
                                   may be carried for the          deer harvest report cards from the Wildlife Resources
                                   purpose of dispatching a        Commission or any Wildlife Service Agent to allow the harvest
                                   wounded deer in accordance      of two additional antlerless deer per card on lands others than
                                   with G.S. 113-291.1(k).         lands enrolled in the Commission's game land program during
(d) Open Season (Urban Season)                                     any open deer season in all counties and parts of counties of the


26:03                                           NORTH CAROLINA REGISTER                                               August 1, 2011
                                                         105
                                                        PROPOSED RULES

State identified in Part (G) of Subparagraph (a)(2) of this Rule.     season or a species of game on which the season is then closed,
Antlerless deer harvested and reported on the bonus antlerless        the falconer or person using such raptor shall not take such dead
harvest report card shall not count as part of the possession and     wildlife into his possession but shall leave the same where it lies,
season limit. Hunters may also use the bonus antlerless harvest       provided that the said raptor may be allowed to feed on such
report cards for deer harvested during the season described in        dead wildlife before leaving the site of the kill. If the species so
Paragraph (d) of this Rule within the boundaries of participating     killed is a resident species of game on which there is a season
municipalities, except on state-owned game lands. Antlerless          limit, the kill shall be included as part of the season limit of the
deer include males with knobs or buttons covered by skin or           person using the raptor for falconry.
velvet as distinguished from spikes protruding through the skin.      (d) Hunting After Limit Taken. After a falconer has acquired
The bag limits described above do not apply to deer harvested in      the daily bag, possession or season limit of any lawful species,
areas covered in the Deer Management Assistance Program               regardless of the manner of taking, the falconer shall not release
(DMAP) as described in G.S. 113-291.2(e) for those individuals        any raptor.
using Commission-issued DMAP tags and reporting harvest as            (e) Extended Seasons. An extended falconry season on gray
described on the DMAP license. Season bag limits shall be set         and red squirrels and rabbits shall be the Monday on or nearest
by the number of DMAP tags issued and in the hunters'                 October 15 until the last day of February. Bag limits for those
possession. All deer harvested under this program, regardless of      portions of the season outside the regular seasons shall be 4
the date of harvest, shall be tagged with these DMAP tags and         squirrels daily, Possession 8; and 3 three rabbits daily,
reported as instructed on the DMAP license. The hunter does not       Possession 6. and a possession limit of six.
have to validate the Big Game Harvest Report Card provided
with the hunting license for deer tagged with the DMAP tags.          Authority G.S. 113-134; 113-270.3(b)(4); 50 C.F.R. 21.28; 50
Any deer harvested on lands enrolled in the DMAP and not              C.F.R. 21.29.
tagged with DMAP tags may only be harvested during the
regularly established deer seasons subject to all the restrictions    15A NCAC 10B .0219        COYOTE
of those seasons, including bag limits, and reported using the big    (a) No closed season.
game harvest report card or the bonus antlerless harvest report       (b) Bag Limits: No restriction.
card.                                                                 (c) Manner of Take. Hunters may use electronic calls.

Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1;              Authority G.S. 113-134; 113-291.2.
113-291.2.
                                                                        SUBCHAPTER 10D - GAME LANDS REGULATIONS
15A NCAC 10B .0215        CROWS
(a) Open Seasons: Wednesday, Friday and Saturday of each                   SECTION .0100 - GAME LANDS REGULATIONS
week from the first Wednesday in June to the last day of
February and on the following holidays: July 4, Labor Day,            15A NCAC 10D .0102 GENERAL REGULATIONS
Thanksgiving, Christmas, New Years and Martin Luther King,            REGARDING USE
Jr. days.                                                             (a) Trespass. Entry on game lands for purposes other than
Note: Federal law protects crows and limits state seasons to a        hunting, trapping or fishing shall be as authorized by the
maximum of 124 days per year.                                         landowner. landowner and there shall be no removal of any
(b) Bag Limits: No restriction.                                       plants or parts thereof, or other materials, without the written
(c) Manner of Take. Hunters may use electronic calls.                 authorization of the landowner.          The Wildlife Resources
                                                                      Commission has identified the following areas on game lands
Authority G.S. 113-134; 113-291.2; 50 C.F.R. 20.133.                  that have additional restrictions on entry or usage:
                                                                               (1)      Archery Zone. On portions of game lands
15A NCAC 10B .0216            FALCONRY                                                  posted as "Archery Zones" hunting is limited
(a) Seasons. Except as provided in Paragraphs (d) and (e) of                            to bow and arrow hunting and falconry only.
this Rule, the open seasons for the practice of falconry as                             On these areas, deer of either sex may be taken
permitted by the rules contained in 15A NCAC 10H .0800 shall                            on all open days of any applicable deer season.
coincide with the regular open seasons contained in this Section               (2)      Safety Zone. On portions of game lands
for squirrels, rabbits, quail, ruffed grouse and pheasant, and with                     posted as "Safety Zones" hunting is prohibited.
the open seasons set forth in the Code of Federal Regulations for                       No person shall hunt or discharge a firearm or
migratory game birds in this state.                                                     bow and arrow within, into, or across a posted
(b) Bag Limits. The daily bag, possession and season limits set                         safety zone on any game land. Falconry is
forth in this Section for squirrels, rabbits, quail, ruffed grouse                      exempt from this provision.
and pheasant and the daily bag, field possession, and total                    (3)      Restricted Firearms Zone. On portions of
possession limits set forth in the Code of Federal Regulations for                      game lands posted as "Restricted Firearms
migratory game birds shall apply to falconry except as provided                         Zones" the use of centerfire rifles is
in Paragraph (e) of this Rule.                                                          prohibited.
(c) Out of Season Kills. When any raptor being used in                         (4)      Restricted Zone. Portions of game lands
falconry kills any species of wildlife for which there is no open                       posted as "Restricted Zones" are closed to all


26:03                                             NORTH CAROLINA REGISTER                                               August 1, 2011
                                                           106
                                                        PROPOSED RULES

                   use by the general public, and entry upon such              (2)     provided that such devices may be possessed
                   an area for any purpose is prohibited without                       and the device is used by persons participating
                   first having obtained specific written approval                     in field trials on field trial areas areas, or
                   of such entry or use from an authorized agent               (3)     and the device is used by persons on target
                   of the Wildlife Resources Commission. Entry                         shooting areas designated by the landowner, or
                   shall be authorized only when such entry will               (4)     and the device is possessed in designated
                   not compromise the primary purpose for                              camping areas for defense of persons and
                   establishing the Restricted Zone and the                            property; or
                   person or persons requesting entry can                      (5)     and provided further thatthe device is a.22
                   demonstrate a valid need or such person is a                        caliber pistols pistol with barrels a barrel not
                   contractor or agent of the Commission                               greater than seven and one-half inches in
                   conducting official business. "Valid need"                          length and shooting only short, long, or long
                   includes issues of access to private property,                      rifle ammunition may be carried as a side arm
                   scientific investigations, surveys, or other                        arms on game lands at any time other than by
                   access to conduct activities in the public                          deer hunters during the special bow and arrow
                   interest.                                                           and muzzle-loading firearms deer hunting
         (5)       Temporary Restricted Zone. Portions of game                         seasons season, except under conditions
                   lands posted as "Temporary Restricted Zones"                        authorized in G.S. 113-291.1(k), and by
                   are closed to all use by the general public, and                    individuals training dogs during closed season
                   entry upon such an area for any purpose is                          without field trial authorization. authorization,
                   prohibited without first having obtained                            or
                   specific written approval of such entry or use              (6)     the device is a handgun carried by an
                   from an authorized agent of the Wildlife                            individual with a valid concealed handgun
                   Resources Commission. An area of a game                             permit. The individual carrying a handgun
                   land shall be declared a Temporary Restricted                       must adhere to the requirements set forth in
                   Zone when there is a danger to the health or                        G.S. 14-415.11, even if the state issuing the
                   welfare of the public due to topographical                          concealed handgun permit is not North
                   features or activities occurring on the area.                       Carolina. The permission to carry a handgun
         (6)       Establishment of Archery, Restricted Firearms,                      does not apply on the following game lands:
                   and Restricted Zones. The Commission shall                          Bladen Lakes State Forest, Buckhorn, Butner-
                   conduct a public input meeting in the area                          Falls of Neuse, Chatham, DuPont State Forest,
                   where the game land is located before                               Harris, Hyco, Jordan, Kerr Scott, Lee, Mayo,
                   establishing any archery, restricted firearms or                    Pee Dee River north of U.S 74, Sutton Lake,
                   restricted zone. After the input meeting the                        Vance and that portion of R. Wayne Bailey-
                   public comments shall be presented to an                            Caswell that is located north of U.S. 158 and
                   official Commission meeting for final                               east of N.C. 119.
                   determination.                                     This Rule Paragraph does not prevent possession or use of a bow
         (7)       Scouting-only Zone. On portions of the game        and arrow as a licensed special fishing device in those waters
                   lands posted as "Scouting-only Zones" the          where such use is authorized. Furthermore, only shotguns with
                   discharge of firearms or bow and arrow is          any size shot,shot and archery equipment as defined in 15A
                   prohibited.                                        NCAC 10B .0116 15A NCAC 10B .0116, and handguns carried
(b) Littering. No person shall deposit any litter, trash, garbage,    by individuals with valid concealed handgun permits may be
or other refuse at any place on any game land except in               possessed during the big game season for turkey. No person
receptacles provided for disposal of such refuse at designated        shall hunt with or have in possession any shotgun shell
camping and target-shooting areas. No garbage dumps or                containing lead or toxic shot while hunting on any posted
sanitary landfills shall be established on any game land by any       waterfowl impoundment on any game land, or while hunting
person, firm, corporation, county or municipality, except as          waterfowl on Butner-Falls of Neuse Game Land or New Hope
permitted by the landowner.                                           Game Land, except shotgun shells containing lead buckshot may
(c) Possession of Hunting Devices. It is unlawful to possess a        be used while deer hunting.
firearm or bow and arrow Firearms and archery equipment may           (d) Game Lands License: Hunting and Trapping
only be possessed on a game land at any time except during the                 (1)     Requirement.          Except as provided in
open hunting seasons or hunting days for game birds or game                            Subparagraph (2) of this Paragraph, any
animals, other than fox, fox or coyote, except firearms and                            person entering upon any game land for the
archery equipment may also be possessed under the following                            purpose of hunting, trapping, or participating
conditions:                                                                            in dog training or field trial activities shall
         (1)       unless the device is cased or not immediately                       have in his possession a game lands license in
                   available for use, or                                               addition to the appropriate hunting or trapping
                                                                                       licenses. A field trial participant is defined as
                                                                                       a Judge, Handler, Scout or Owner.


26:03                                             NORTH CAROLINA REGISTER                                             August 1, 2011
                                                           107
                                                         PROPOSED RULES

         (2)        Exceptions                                         October 22 and November 18 and between December 3 and
                    (A)      A person under 16 years of age may        March 31 shall submit its proposed schedule of such use to the
                             hunt on game lands on the license of      Wildlife Resources Commission for its consideration and
                             his parent or legal guardian.             approval. The use of the Sandhills Field Trial facilities at any
                    (B)      The resident and nonresident              time by individuals for training dogs is prohibited; elsewhere on
                             sportsman's licenses include game         the Sandhills Game Lands dogs may be trained only on
                             lands use privileges.                     Mondays, Wednesdays and Saturdays from October 1 through
                    (C)      Judges and nonresidents participating     April 1. Dogs may not be trained or permitted to run unleashed
                             in field trials under the circumstances   from April 1 through August 15 on any game land located west
                             set forth in Paragraph (e) of this Rule   of I-95, except when participating in field trials sanctioned by
                             may do so without the game lands          the Wildlife Resources Commission. Dogs may not be trained
                             license.                                  or permitted to run unleashed from March 15 through June 15 on
                    (D)      On the game lands described in Rule       any game land located east of I-95, except when participating in
                             .0103(e)(1) of this Section, the game     field trials sanctioned by the Wildlife Resources Commission.
                             lands license is required only for        Additionally, on game lands located west of I-95 where special
                             hunting doves; all other activities are   hunts are scheduled for sportsmen participating in the Disabled
                             subject to the control of the             Sportsman Program, dogs may not be trained or allowed to run
                             landowners.                               unleashed during legal big game hunting hours on the dates of
(e) Field Trials and Training Dogs. A person serving as judge          the special hunts. A field trial shall be authorized when such
of a field trial which, pursuant to a written request from the         field trial does not conflict with other planned activities on the
sponsoring organization, has been authorized in writing and            Game Land or field trial facilities and the applying organization
scheduled for occurrence on a game land by an authorized               can demonstrate their experience and expertise in conducting
representative of the Wildlife Resources Commission, and any           genuine field trial activities. Entry to physical facilities, other
nonresident Handler, Scout or Owner participating therein may          than by field trial organizations under permit, shall be granted
participate without procuring a game lands license, provided           when they do not conflict with other planned activities
such nonresident has in his possession a valid hunting license         previously approved by the Commission and they do not conflict
issued by the state of his residence. Any individual or                with the primary goals of the agency.
organization sponsoring a field trial on the Sandhills Field Trial     (f) Trapping. Subject to the restrictions contained in 15A
grounds or the Laurinburg Fox Trial facility shall file with the       NCAC 10B .0110, .0302 and .0303, trapping of furbearing
commission's agent an application to use the area and facility         animals is permitted on game lands during the applicable open
accompanied by the facility use fee computed at the rate of two        seasons, except that trapping is prohibited:
hundred dollars ($200.00)one hundred dollars ($100.00) for each                  (1)      on the field trial course of the Sandhills Game
scheduled day of the trial. The total facility use fee shall cover                        Land;
the period from 12:00 noon of the day preceding the first                        (2)      on the Harmon Den and Sherwood bear
scheduled day of the trial to 10:00 a.m. of the day following the                         sanctuaries in Haywood County;
last scheduled day of the trial. The facility use fee shall be paid              (3)      in posted "safety zones" located on any game
for all intermediate days on which for any reason trials are not                          land;
run but the building or facilities are used or occupied. A fee of                (4)      by the use of bait on the National Forest Lands
seventy-five dollars ($75.00)twenty-five dollars ($25.00) per day                         bounded by the Blue Ridge Parkway on the
shall be charged to sporting, educational, or scouting groups for                         south, US 276 on the north and east, and NC
scheduled events utilizing the club house only. No person or                              215 on the west;
group of persons or any other entity shall enter or use in any                   (5)      on the Hunting Creek Swamp Waterfowl
manner any of the physical facilities located on the Laurinburg                           Refuge;
Fox Trial or the Sandhills Field Trial grounds without first                     (6)(5) on the John's River Waterfowl Refuge in
having obtained written approval of such entry or use from an                             Burke County; and
authorized agent of the Wildlife Resources Commission, and no                    (7)(6) on the Dupont State Forest Game Lands.
such entry or use of any such facility shall exceed the scope of or    On those areas of state-owned land known collectively as the
continue beyond the approval so obtained. The Sandhills Field          Roanoke River Wetlands controlled trapping is allowed under a
Trial facilities shall be used only for field trials scheduled with    permit system.
the approval of the Wildlife Resources Commission. No more             (g) Use of Weapons. In addition to zone restrictions described
than 16 days of field trials may be scheduled for occurrence on        in Paragraph (a) no person shall discharge a weapon within 150
the Sandhills facilities during any calendar month, and no more        yards of any Game Lands building or designated Game Lands
than four days may be scheduled during any calendar week;              camping area, except where posted otherwise, or within 150
provided, that a field trial requiring more than four days may be      yards of any residence located on or adjacent to game lands,
scheduled during one week upon reduction of the maximum                except no person shall discharge a firearm within 150 yards of
number of days allowable during some other week so that the            any residence located on or adjacent to Butner-Falls of Neuse
monthly maximum of 16 days is not exceeded. Before October 1           and Jordan Game Lands.
of each year, the North Carolina Field Trial Association or other      (h) Vehicular Traffic. No person shall drive a motorized
organization desiring use of the Sandhills facilities between          vehicle on any game land except on those roads constructed,


26:03                                              NORTH CAROLINA REGISTER                                              August 1, 2011
                                                            108
                                                         PROPOSED RULES

maintained and opened for vehicular travel and those trails            animals is determined by a North Carolina Wildlife Resources
posted for vehicular travel, unless such person:                       Commission biologist not to be harmful to native wildlife in the
          (1)       is driving in the vehicle gallery of a scheduled   area and such releases are in the public interest or advance the
                    bird dog field trial held on the Sandhills Game    programs and goals of the Wildlife Resources Commission.
                    Land; or                                           (m) Non-Highway Licensed Vehicles. It is unlawful to operate
          (2)       is a disabled sportsman as defined in              motorized land vehicles not licensed for highway use on Game
                    Paragraph (k) of this Rule or holds a Disabled     Lands except for designated areas on National Forests. Disabled
                    Access Program Permit as described in              persons as defined in Paragraph (k) of this Rule and people who
                    Paragraph (n) of this Rule and is abiding by       have obtained a Disabled Access Program permit are exempt
                    the rules described in Paragraph (n).              from the previous sentence but must comply with the terms of
(i) Camping. No person shall camp on any game land except on           their permit. Furthermore, disabled persons, as defined under
an area designated by the landowner for camping.                       the federal Americans with Disabilities Act, may use
(j) Swimming. Swimming is prohibited in the lakes located on           wheelchairs or other mobility devices designed for indoor
the Sandhills Game Land.                                               pedestrian use on any area where foot travel is allowed.
(k) Disabled Sportsman Program. In order to qualify for permit         (n) Disabled Access Program. Permits issued under this
hunts for disabled sportsmen offered by the Commission and use         program shall be based upon medical evidence submitted by the
of designated blinds during those hunts an individual shall            person verifying that a handicap exists that limits physical
possess a Disabled Veteran Sportsman license, a Totally                mobility to the extent that normal utilization of the game lands is
Disabled Sportsman license or a disabled sportsman hunt                not possible without vehicular assistance. Persons meeting this
certification issued by the Commission. In order to qualify for        requirement may operate electric wheel chairs, all terrain
the certification, the applicant shall provide medical certification   vehicles, and other passenger vehicles on any Commission-
of one or more of the following disabilities:                          maintained road open for vehicular travel and those trails posted
          (1)       missing 50 percent or more of one or more          for vehicular travel and ungated or open-gated roads otherwise
                    limbs, whether by amputation or natural            closed to vehicular traffic on game lands owned by the Wildlife
                    causes;                                            Resources Commission and on game lands whose owners have
          (2)       paralysis of one or more limbs;                    agreed to such use. Those game lands, or parts thereof, where
          (3)       dysfunction of one or more limbs rendering         this Paragraph applies are designated in the game land rules and
                    the person unable to perform the task of           map book. This Paragraph does not permit vehicular access on
                    grasping and lifting with the hands and arms or    fields, openings, roads, paths, or trails planted to wildlife food or
                    unable to walk without mechanical assistance,      cover. One able-bodied companion, who is identified by a
                    other than a cane;                                 special card issued to each qualified disabled person, may
          (4)       disease or injury or defect confining the person   accompany a disabled person to provide assistance, provided the
                    to a wheelchair, walker, or crutches; or           companion is at all times in visual or verbal contact with the
          (5)       deafness.                                          disabled person. The companion may participate in all lawful
On game lands where the privileges described in Paragraph (n)          activities while assisting a disabled person, provided license
of this Rule apply, participants in the program may operate            requirements are met. Any vehicle used by a qualified disabled
electric wheel chairs, all terrain vehicles or other passenger         person for access to game lands under this provision shall
vehicles:                                                              prominently display the vehicular access permit issued by the
          (1)       on ungated or open-gated roads normally            Wildlife Resources Commission in the passenger area of the
                    closed to vehicular traffic; and                   vehicle. It is unlawful for anyone other than disabled persons as
          (2)       on any Commission-maintained road open for         defined in Paragraph (k) of this Rule and those holding a
                    vehicular travel and those trails posted for       Disabled Access Permit to hunt, during waterfowl season, within
                    vehicular travel.                                  100 yards of a waterfowl blind designated by the Wildlife
Each program participant may be accompanied by one able-               Resources Commission as a Disabled Sportsman's hunting blind.
bodied companion provided such companion has in his                    (o) Public nudity. Public nudity, including nude sunbathing, is
possession the companion card issued by the Commission.                prohibited on any Game Land, including land or water. For the
Hunters who qualify under the Disabled Sportsman Program and           purposes of this Section, "public nudity" means a person's
their able-bodied companions may access special hunting blinds         intentional failure to cover with a fully opaque covering the
for people with disabilities during regularly scheduled, non-          person's genitals, pubic area, anal area, or female breasts below a
permit hunting days on a first come basis, except for those blinds     point from the top of the areola while in a public place.
located on the Restricted Area of Caswell Game Land.                   (p) Definitions: For the purpose of this Subchapter "Permanent
(l) Release of Animals and Fish. It is unlawful to release pen-        Hunting Blind" is defined as any structure that is used for hunter
raised animals or birds, wild animals or birds, domesticated           concealment, constructed from man made or natural materials,
animals, except hunting dogs and raptors where otherwise               and that is not disassembled and removed at the end of each
permitted for hunting or training purposes, or feral animals, or       day's hunt.
hatchery-raised fish on game lands without prior written               (q) Shooting Ranges. On state-owned game lands, no person
authorization. It is unlawful to move wild fish from one stream        shall use designated shooting ranges for any purpose other than
to another on game lands without prior written authorization.          for firearm or bow and arrow marksmanship, development of
Written authorization shall be given when release of such              shooting skills or for other safe uses of firearms and archery


26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
                                                            109
                                                        PROPOSED RULES

equipment. All other uses, including camping, building fires,         (c) Tree Stands. It is unlawful to erect or to occupy, for the
operating concessions or other activities not directly involved       purpose of hunting, any tree stand or platform attached by nails,
with recreational or competitive shooting are prohibited, except      screws, bolts or wire to a tree on any game land designated
that activities which have been approved by the Commission and        herein. This prohibition does not apply to lag-screw steps or
for which a permit has been issued may be conducted, provided         portable stands that are removed after use with no metal left
that the permit authorizing such activity is available for            remaining in or attached to the tree.
inspection by wildlife enforcement officers at the time the           (d) Time and Manner of Taking. Except where closed to
activity is taking place. No person, when using any shooting          hunting or limited to specific dates by this Chapter, hunting on
range, shall deposit any debris or refuse on the grounds of the       game lands is permitted during the open season for the game or
range. This includes any items used as targets, except that clay      furbearing species being hunted. On managed waterfowl
targets broken on the range, by the shooter, may be left on the       impoundments, hunters shall not enter the posted impoundment
grounds where they fall. No person shall shoot any items made         areas earlier than 4:00 a.m. on the permitted hunting dates, and
of glass on the grounds of the range. No person may leave any         hunting is prohibited after 1:00 p.m. on such hunting dates;
vehicle or other obstruction in such a location or position that it   decoys shall not be set out prior to 4:00 a.m. and must be
will prevent, impede or inconvenience the use by other persons        removed by 3:00 p.m. each day. No person shall operate any
of any shooting range. No person shall leave parked any vehicle       vessel or vehicle powered by an internal combustion engine on a
or other object at any place on the shooting range other than         managed waterfowl impoundment.                   On waterfowl
such a place or zone as is designated as an authorized parking        impoundments that have a posted "Scouting-only Zone,"
zone and posted or marked as such. No person shall handle any         trapping during the trapping season and waterfowl hunting on
firearms or bow and arrow on a shooting range in a careless or        designated waterfowl hunting days are the only activities
reckless manner. No person shall intentionally shoot into any         allowed on the portion of the impoundment outside of the posted
target holder, post or other permanent fixture or structure while     "Scouting-only Zone."No person shall attempt to obscure the sex
using a shooting range. No person shall shoot a firearm in a          or age of any bird or animal taken by severing the head or any
manner that would cause any rifled or smoothbore projectiles to       other part thereof, or possess any bird or animal which has been
travel off of the range, except that shotgun shot, size No. 4 or      so mutilated. No person shall place, or cause to be placed on
smaller may be allowed to travel from the range if it presents no     any game land, salt, grain, fruit, or other foods without prior
risk of harm or injury to any person(s). Persons using a shooting     written authorization of the commission or its agent. A decision
range must obey posted range safety rules and those persons           to grant or deny authorization shall be made based on the best
who violate range safety rules or create a public safety hazard       management practices for the wildlife species in question. No
must leave the shooting range if directed to by law enforcement       person shall take or attempt to take any game birds or game
officers or Commission employees. No person shall handle any          animals attracted to such foods. No live wild animals or wild
firearms on a shooting range while under the influence of an          birds shall be removed from any game land.
impairing substance. The consumption of alcohol or alcoholic          (e) Definitions:
beverages on a shooting range is prohibited. Shooting ranges                   (1)       For purposes of this Section, "Dove Only
are open from sunrise to sunset on Monday through Saturday.                              Area" refers to a Game Land on which doves
Firearms shall be unloaded and cased when being transported to                           may be taken and dove hunting is limited to
the shooting range while on Game Lands. No person, when                                  Mondays, Wednesdays, Saturdays and to
using any shooting range, shall do any act which is prohibited or                        Thanksgiving, Christmas and New Year's
neglect to do any act which is required by signs or markings                             Days within the federally-announced season.
placed on such area under authority of this Rule for the purpose               (2)       For purposes of this Section, "Three Days per
of regulating the use of the area.                                                       Week Area" refers to a Game Land on which
(r) Limited-access Roads. During the months of June, July and                            any game may be taken during the open
August, roads posted as "Limited-access Roads" are open to                               seasons and hunting is limited to Mondays,
motorized vehicles from 5:00 a.m. to 10:00 p.m. only. These                              Wednesdays, Saturdays and Thanksgiving,
roads shall be posted with the opening and closing times.                                Christmas and New Year's Days. Days, except
                                                                                         falconry may also be practiced on Sundays.
Authority G.S. 113-134; 113-264; 113-270.3; 113-291.2; 113-                              These "open days" also apply to either-sex
291.5; 113-305; 113-306.                                                                 hunting seasons listed under each game land.
                                                                                         Raccoon and opossum hunting may continue
15A NCAC 10D .0103 HUNTING ON GAME LANDS                                                 until 7:00 a.m. on Tuesdays, until 7:00 a.m. on
(a) Safety Requirements. No person while hunting on any                                  Thursdays, and until midnight on Saturdays.
designated game land shall be under the influence of alcohol or                (3)       For purposes of this Section, "Six Days per
any narcotic drug, or fail to comply with restrictions enacted by                        Week Area" refers to a Game Land on which
the National Park Service regarding the use of the Blue Ridge                            any game may be taken during the open
Parkway where it adjoins game lands listed in this Rule.                                 seasons.
(b) Traffic Requirements. No person shall park a vehicle on           (f) Hunting with Dogs on Game Lands. Deer shall not be taken
game lands in such a manner as to block traffic, gates or             with the use of dogs on game lands in counties or parts of
otherwise prevent vehicles from using any roadway.                    counties where taking deer with dogs is prohibited as described
                                                                      in 15A NCAC 10B .0109.


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                                                           110
                                                       PROPOSED RULES

(g) Bear Sanctuaries. On Three Days per Week Areas and Six                         larger than .22 caliber rimfire shall
Days per Week Areas bears shall not be taken on lands                              not be used or possessed.
designated and posted as bear sanctuaries except when                      (D)     On the Singletary Lake Tract deer
authorized by permit only elsewhere in this Chapter. Wild boar                     and bear may be taken only by still
shall not be taken with the use of dogs on bear sanctuaries.                       hunting.
Dogs shall not be trained or allowed to run unleashed between              (E)     Wild turkey hunting on the Singletary
March 1 and the Monday on or nearest October 15 on bear                            Lake Tract is by permit only.
sanctuaries in and west of the counties and parts of counties              (F)     Camping is restricted to September 1
described in 15A NCAC 10B .0109.                                                   through February 28 and April 7
(h) The listed seasons and restrictions apply in the following                     through May 14 in areas both
game lands:                                                                        designated and posted as camping
         (1)     Alcoa Game Land in Davidson, Davie,                               areas.
                 Montgomery, Rowan and Stanly counties              (7)    Brinkleyville Game Land in Halifax County
                 (A)      Six Days per Week Area                           (A)     Six Days per Week Area
                 (B)      Deer of either sex may be taken the              (B)     Deer of either sex may be taken the
                          first six open days and the last six                     first six open days and the last six
                          open days of the applicable Deer                         open days of the applicable deer with
                          With Visible Antlers Season in that                      visible antlers season.
                          portion in Montgomery county and                 (C)     Horseback riding is prohibited.
                          deer of either sex may be taken all the   (8)    Brunswick County Game Land in Brunswick
                          open days of the applicable Deer                 County
                          With Visible Antlers Season in those             (A)     Hunting is by permit only.
                          portions in Davie, Davidson, Rowan               (B)     The use of dogs for hunting deer is
                          and Stanly counties.                                     prohibited.
         (2)     Alligator River Game Land in Tyrrell County        (9)    Buckhorn Game Land in Orange County
                 (A)      Six Day per Week Area                            (A)     Hunting is by permit only.
                 (B)      Deer of either sex may be taken all              (B)     Horseback riding is prohibited.
                          the open days of the applicable Deer      (10)   Buckridge Game Land in Tyrrell County.
                          With Visible Antlers Season.                     (A)     Three Days per Week Area
                 (C)      Bear may only be taken the first three           (B)     Deer of either sex may be taken all
                          hunting days during the November                         the open days of the applicable Deer
                          Bear Season and the first three                          With Visible Antlers Season.
                          hunting days during the second week              (C)     Bear may only be taken the first three
                          of the December Bear Season.                             hunting days during the November
         (3)     Angola Bay Game Land in Duplin and Pender                         Bear Season and the first three
                 counties                                                          hunting days of the second week of
                 (A)      Six Days per Week Area                                   the December Bear Season.
                 (B)      Deer of either sex may be taken all       (11)   Buffalo Cove Game Land in Caldwell and
                          the open days of the applicable Deer             Wilkes Counties
                          With Visible Antlers Season.                     (A)     Six Days per Week Area
         (4)     Bachelor Bay Game Land in Bertie, Martin                  (B)     The Deer With Visible Antlers season
                 and Washington counties                                           for deer consists of the open hunting
                 (A)      Six Days per Week Area                                   days from the Monday before
                 (B)      Deer of either sex may be taken all                      Thanksgiving through the third
                          the open days of the applicable Deer                     Saturday after Thanksgiving. Deer
                          With Visible Antlers Season.                             may be taken with bow and arrow on
         (5)     Bertie County Game Land in Bertie County                          open days beginning the Monday on
                 (A)      Six Days per Week Area                                   or nearest September 10 to the third
                 (B)      Deer of either sex may be taken all                      Saturday thereafter, and Monday on
                          the open days of the applicable Deer                     or nearest October 15 to the Saturday
                          With Visible Antlers Season.                             before Thanksgiving and during the
         (6)     Bladen Lakes State Forest Game Land in                            deer with visible antlers season. Deer
                 Bladen County                                                     may be taken with muzzle-loading
                 (A)      Three Days per Week Area                                 firearms on open days beginning the
                 (B)      Deer of either sex may be taken all                      Monday on or nearest October 1
                          the open days of the applicable Deer                     through the Saturday of the second
                          With Visible Antlers Season.                             week thereafter, and during the Deer
                 (C)      Handguns shall not be carried and,                       With Visible Antlers season.
                          except for muzzle-loaders, rifles


26:03                                           NORTH CAROLINA REGISTER                                 August 1, 2011
                                                         111
                                                   PROPOSED RULES

               (C)      Deer of either sex may be taken the            (A)     Six Days per Week Area
                        last open day of the applicable Deer           (B)     Deer of either sex may be taken all
                        With Visible Antlers Season.                           the open days of the applicable Deer
               (D)      Horseback riding is prohibited except                  With Visible Antlers Season.
                        on designated trails May 16 through            (C)     Turkey Hunting is by permit only on
                        August 31 and all horseback riding is                  that portion known as the Roan Island
                        prohibited from September 1 through                    Tract.
                        May 15.                                        (D)     The use of dogs for hunting deer is
        (12)   Bullard and Branch Hunting Preserve Game                        prohibited on the portion of the game
               Lands in Robeson County                                         land that is west of the Black River,
               (A)      Three Days per Week Area                               north of Roan Island, east of Lyon
               (B)      Deer of either sex may be taken the                    Swamp Canal to Canetuck Road and
                        first six open days and the last six                   south of NC 210 to the Black River.
                        open days of the applicable Deer        (16)   Carteret County Game Land in Carteret
                        With Visible Antlers Season.                   County
        (13)   Butner - Falls of Neuse Game Land in                    (A)     Six Days per Week Area
               Durham, Granville and Wake counties                     (B)     Deer of either sex may be taken the
               (A)      Six Days per Week Area                                 first six open days and the last six
               (B)      Deer of either sex may be taken the                    open days of the applicable Deer
                        first six open days and the last six                   With Visible Antlers Season.
                        open days of the applicable Deer               (C)     The use of dogs for hunting deer is
                        With Visible Antlers Season.                           prohibited.
               (C)      Waterfowl shall be taken only on        (17)   R. Wayne Bailey-Caswell Game Land in
                        Tuesdays, Thursdays and Saturdays;             Caswell County
                        Christmas, New Year's and Martin               (A)     Three Days per Week Area
                        Luther King, Jr. Days and on the               (B)     Deer of either sex may be taken the
                        opening and closing days of the                        last six open days of the applicable
                        applicable waterfowl seasons. On the                   Deer With Visible Antlers Season.
                        posted waterfowl impoundments a                        Deer of either sex may also be taken
                        special permit is required for all                     the Thursday and Friday preceding
                        waterfowl hunting after November 1.                    the Central muzzle-loading season
               (D)      Horseback riding is prohibited.                        with any legal weapon by participants
               (E)      Target shooting is prohibited                          in the Disabled Sportsman Program
               (F)      Wild turkey hunting is by permit                       who acquire special hunt permits.
                        only, except on those areas posted as          (C)     Horseback riding is allowed only
                        an archery zone.                                       during June, July, and August and on
               (G)      The use of dogs for hunting deer is                    Sundays during the remainder of the
                        prohibited on that portion west of NC                  year except during open turkey and
                        50 and south of Falls Lake.                            deer seasons. Horseback riding is
               (H)      The use of bicycles is restricted to                   allowed only on roads opened to
                        designated areas, except that this                     vehicular traffic. Participants must
                        restriction does not apply to hunters                  obtain a game lands license prior to
                        engaged in the act of hunting during                   engaging in such activity.
                        the open days of the applicable                (D)     The area encompassed by the
                        seasons for game birds and game                        following roads is permit-only for all
                        animals.                                               quail and woodcock hunting and all
               (I)      Camping and the presence of campers                    bird dog training: From Yanceyville
                        and tents in designated Hunter                         south on NC 62 to the intersection of
                        Camping Areas are limited to                           SR 1746, west on SR1746 to the
                        September 1 through the last day of                    intersection of SR 1156, south on SR
                        February and April 7 through May                       1156 to the intersection of SR 1783,
                        14.                                                    east on SR 1783 to the intersection of
        (14)   Buxton Woods Game Land in Dare County:                          NC 62, north on NC62 to the
               (A)      Six Days per Week Area.                                intersection of SR 1736, east on SR
               (B)      Deer of either sex may be taken all                    1736 to the intersection of SR 1730,
                        the open days of the applicable Deer                   east on SR 1730 to NC 86, north on
                        With Visible Antlers Season.                           NC 86 to NC 62.
        (15)   Cape Fear River Wetlands Game Land in
               Pender County


26:03                                        NORTH CAROLINA REGISTER                                August 1, 2011
                                                      112
                                                    PROPOSED RULES

               (E)     On       the     posted     waterfowl                     season is the same as the season dates
                       impoundment, waterfowl hunting is                         for the Gates County bear season.
                       by permit only after November 1.                 (D)      Camping is restricted to September 1
               (F)     Camping and the presence of campers                       through the last day of February and
                       and tents in designated Hunter                            April 7 through May 14 in areas both
                       Camping Areas are limited to                              designated and posted as camping
                       September 1 through the last day of                       areas.
                       February and April 7 through May          (23)   Cold Mountain Game Land in Haywood
                       14.                                              County
        (18)   Catawba Game Land in Catawba County                      (A)      Six Days per Week Area
               (A)     Three Days per Week Area                         (B)      Horseback riding is prohibited except
               (B)     Deer of either sex may be taken the                       on designated trails May 16 through
                       last open day of the applicable Deer                      August 31 and all horseback riding is
                       With Visible Antlers Season.                              prohibited from September 1 through
               (C)     Deer may be taken with bow and                            May 15.
                       arrow only from the tract known as               (C)      Deer of either sex may be taken the
                       Molly's Backbone.                                         last open day of the applicable Deer
        (19)   Chatham Game Land in Chatham County                               With Visible Antlers Season.
               (A)     Six Days per Week Area                    (24)   Columbus County Game Land in Columbus
               (B)     Deer of either sex may be taken the              County.
                       first six open days and the last six             (A)      Three Days per Week Area
                       open days of the applicable Deer                 (B)      Deer of either sex may be taken all
                       With Visible Antlers Season.                              the open days of the applicable Deer
               (C)     Wild turkey hunting is by permit                          With Visible Antlers Season.
                       only.                                     (25)   Croatan Game Land in Carteret, Craven and
               (D)     Horseback riding is allowed only                 Jones counties
                       during June, July, and August and on             (A)      Six Days per Week Area
                       Sundays during the remainder of the              (B)      Deer of either sex may be taken all
                       year except during open turkey and                        the open days of the applicable Deer
                       deer seasons.                                             With Visible Antlers Season.
               (E)     Target shooting is prohibited.                   (C)      Waterfowl shall be taken only on the
        (20)   Cherokee Game Land in Ashe County                                 following days:
               (A)     Six Days per Week Area                                    (i)      the opening and closing days
               (B)     Deer of either sex may be taken the                                of the applicable waterfowl
                       last six open days of the applicable                               seasons;
                       Deer With Visible Antlers Season.                         (ii)     Thanksgiving,      Christmas,
        (21)   Chowan Game Land in Chowan County                                          New Year's and Martin
               (A)     Six Days per Week Area                                             Luther King, Jr. Days; and
               (B)     Deer of either sex may be taken all                       (iii)    Tuesdays and Saturdays of
                       the days of the applicable Deer With                               the applicable waterfowl
                       Visible Antlers Season.                                            seasons.
        (22)   Chowan Swamp Game Land in Bertie, Gates                  (D)      Beginning on the first open waterfowl
               and Hertford counties.                                            day in October through the end of the
               (A)     Six Days per Week Area                                    waterfowl season, waterfowl hunting
               (B)     Deer of either sex may be taken all                       from designated Disabled Sportsmen
                       the open days of the applicable Deer                      blinds on the Catfish Lake Waterfowl
                       With Visible Antlers Season.                              Impoundment is by permit only.
               (C)     Bear hunting is restricted to the first          (D)(E) Dove hunting is by permit only for
                       three hunting days during the                             the first two open days of dove
                       November bear season and the first                        season on posted areas. During the
                       three hunting days during the second                      rest of dove season, no permit is
                       week of the December bear season                          required to hunt doves.
                       except that portion of Chowan             (26)   Currituck Banks Game Land in Currituck
                       Swamp Game Land in Gates County                  County
                       that is east of Highway 158/13, south            (A)      Six Days per Week Area
                       of Highway 158, west of Highway                  (B)      Permanent waterfowl blinds in
                       32, and north of Catherine Creek and                      Currituck Sound on these game lands
                       the Chowan River where the bear                           shall be hunted by permit only from



26:03                                         NORTH CAROLINA REGISTER                                 August 1, 2011
                                                       113
                                                     PROPOSED RULES

                        November 1 through the end of the                 (C)     Horseback riding is prohibited.
                        waterfowl season.                          (32)   Goose Creek Game Land in Beaufort and
               (C)      Licensed hunting guides may                       Pamlico counties
                        accompany the permitted individual                (A)     Six Days per Week Area
                        or party provided the guides do not               (B)     Deer of either sex may be taken all
                        possess or use a firearm.                                 the open days of the applicable Deer
               (D)      The boundary of the Game Land shall                       With Visible Antlers Season.
                        extend 5 yards from the edge of the               (C)     Except as provided in Part (D) of this
                        marsh or shoreline.                                       Subparagraph, waterfowl in posted
               (E)      Dogs are allowed only for waterfowl                       waterfowl impoundments shall be
                        hunting by permitted waterfowl                            taken only on the following days:
                        hunters on the day of their hunt.                         (i)       the opening and closing days
               (F)      No screws, nails, or other objects                                  of the applicable waterfowl
                        penetrating the bark shall be used to                               seasons;
                        attach a tree stand or blind to a tree.                   (ii)      Thanksgiving,     Christmas,
               (G)      Deer of either sex may be taken all                                 New Year's and Martin
                        the days of the applicable deer with                                Luther King, Jr. Days; and
                        visible antlers season.                                   (iii)     Tuesdays and Saturdays of
        (27)   Dare Game Land in Dare County                                                the applicable waterfowl
               (A)      Six Days per Week Area                                              seasons.
               (B)      Deer of either sex may be taken the               (D)     Beginning on the first open waterfowl
                        last six open days of the applicable                      season day in October and through
                        Deer With Visible Antlers Season.                         the end of the waterfowl season,
               (C)      No hunting on posted parts of                             waterfowl hunting is by permit only
                        bombing range.                                            on      the    following     waterfowl
               (D)      The use and training of dogs is                           impoundments:        Pamlico     Point,
                        prohibited from March 1 through                           Campbell Creek, Hunting Creek,
                        June 30.                                                  Spring Creek, Smith Creek and
        (28)   Dover Bay Game Land in Craven County                               Hobucken.
               (A)      Six Days per Week Area                            (E)     On Pamlico Point and Campbell
               (B)      Deer of either sex may be taken all                       Creek Waterfowl Impoundments all
                        the days of the applicable deer with                      activities, except waterfowl hunting
                        visible antlers season.                                   on designated waterfowl hunting days
        (29)   Dupont State Forest Game Lands in                                  and trapping during the trapping
               Henderson and Transylvania counties                                season, are restricted to the posted
               (A)      Hunting is by Permit only.                                Scouting-only Zone during the period
               (B)      The training and use of dogs for                          November 1 through March 15.
                        hunting is prohibited except by                   (F)     Camping is restricted to September 1
                        special hunt permit holders during                        through February 28 and April 7
                        scheduled permit hunts.                                   through May 14 in areas both
               (C)      Participants     of     the     Disabled                  designated and posted as camping
                        Sportsman Program who acquire                             areas.
                        special hunt permits may take deer of             (G)     Hunting and vehicular access on the
                        either sex with any legal weapon on                       Parker Farm Tract is restricted from
                        the Saturday prior to the first segment                   September 1 to the end of February
                        of the season described in 15A                            and April 1 to May 15 to individuals
                        NCAC 10B .0203(b)(1)(B).                                  that possess a valid hunting
        (30)   Elk Knob Game Land in Watauga County                               opportunity permit.
               (A)      Six Days per Week Area                     (33)   Green River Game Land in Henderson, and
               (B)      Deer of either sex may be taken the               Polk counties
                        last six open days of the applicable              (A)     Six Days per Week Area
                        Deer With Visible Antlers Season.                 (B)     Deer of either sex may be taken the
        (31)   Embro Game Land in Halifax and Warren                              last open day of the applicable Deer
               counties                                                           With Visible Antlers Season.
               (A)      Six Days per Week Area                            (C)     Horseback riding is prohibited.
               (B)      Deer of either sex may be taken the        (34)   Green Swamp Game Land in Brunswick
                        first six open days and the last six              County
                        open days of the applicable Deer                  (A)     Six Days per Week Area
                        With Visible Antlers Season.


26:03                                          NORTH CAROLINA REGISTER                                  August 1, 2011
                                                        114
                                                   PROPOSED RULES

               (B)     Deer of either sex may be taken all                     (i)       the opening and closing days
                       the open days of the applicable Deer                              of the applicable waterfowl
                       With Visible Antlers Season.                                      seasons;
        (35)   Gull Rock Game Land in Hyde County                              (ii)      Thanksgiving,      Christmas,
               (A)     Six Days per Week Area                                            New Year's and Martin
               (B)     Deer of either sex may be taken all                               Luther King, Jr. Days; and
                       the open days of the applicable Deer                    (iii)     Tuesdays and Saturdays of
                       With Visible Antlers Season.                                      the applicable waterfowl
               (C)     Waterfowl on posted waterfowl                                     seasons.
                       impoundments shall be taken only on             (D)     Camping is restricted to September 1
                       the following days:                                     through February 28 and April 7
                       (i)       the opening and closing days                  through May 14 in areas both
                                 of the applicable waterfowl                   designated and posted as camping
                                 seasons; and                                  areas.
                       (ii)      Thanksgiving,     Christmas,          (E)     On that portion north of the Bear
                                 New Year's and Martin                         Garden Road, west of Shaw Road to
                                 Luther King, Jr. Days; and                    Baby Branch, east of the Northeast
                       (iii)     Tuesdays and Saturdays of                     Cape Fear River, south of NC 53 and
                                 the applicable waterfowl                      west of NC 50, deer hunting and bear
                                 season.                                       hunting are permit only.
               (D)     Camping is restricted to September 1            (F)     The use of dogs for hunting deer and
                       through February 28 and April 7                         bear is prohibited on that portion of
                       through May 14 in areas both                            the game land that is south of Baby
                       designated and posted as camping                        Branch extending west to Stag Park
                       areas.                                                  Road, west of Shaw Road, north of
               (E)     Bear may only be taken the first three                  Meeks Road extending west to Stag
                       hunting days during the November                        Park Road and east of Stag Park
                       Bear Season and the first three                         Road.
                       hunting days during the second week             (G)     Hunting and vehicular access on the
                       of the December Bear Season, except                     Pender 4 Tract is restricted from
                       for that portion designated as bear                     September 1 to the last day of
                       sanctuary.                                              February and April 1 to May 15 to
        (36)   Harris Game Land in Chatham, Harnett and                        individuals that possess valid hunting
               Wake counties                                                   opportunity permits, unless otherwise
               (A)     Six Days per Week Area                                  authorized by the Wildlife Resources
               (B)     Deer of either sex may be taken the                     Commission.
                       first six open days and the last six            (H)     Hunters who possess a Disabled
                       open days of the applicable Deer                        Access Permit may operate an All
                       With Visible Antlers Season.                            Terrain Vehicle on and within 100
               (C)     Waterfowl shall be taken only on                        yards of trails designated for Disabled
                       Tuesdays, Fridays, Saturdays; on                        Sportsman Access.
                       Thanksgiving, Christmas and New          (38)   Hyco Game land in Person County
                       Year's Days; and on the opening and             (A)     Six Days per Week Area
                       closing days of the applicable                  (B)     Deer of either sex may be taken the
                       waterfowl seasons.                                      first six open days and the last six
               (D)     The use or construction of permanent                    open days of the applicable Deer
                       hunting blinds shall be prohibited.                     With Visible Antlers Season.
               (E)     Wild turkey hunting is by permit                (C)     Target shooting is prohibited.
                       only.                                    (39)   J. Morgan Futch Game Land in Tyrrell
               (F)     Target shooting is prohibited.                  County, Permit Only Area.
        (37)   Holly Shelter Game Land in Pender County         (40)   Johns River Game Land in Burke County
               (A)     Three Days per Week Area.                       (A)     Hunting is by permit only.
               (B)     Deer of either sex may be taken all             (B)     During permitted deer hunts deer of
                       the open days of the applicable Deer                    either-sex may be taken by permit
                       With Visible Antlers Season.                            holders.
               (C)     Waterfowl may be taken only on the              (C)     Entry      on     posted     waterfowl
                       following days:                                         impoundments is prohibited October
                                                                               1 through March 31 except by lawful
                                                                               waterfowl hunting permit holders and


26:03                                        NORTH CAROLINA REGISTER                                 August 1, 2011
                                                      115
                                                    PROPOSED RULES

                       only on those days written on the                (D)     Tree stands shall not be left overnight
                       permits.                                                 and no screws, nails, or other objects
               (D)     The use or construction of permanent                     penetrating the bark shall be used to
                       hunting blinds is prohibited.                            attach a tree stand or blind to a tree.
        (41)   Jordan Game Land in Chatham, Durham,                     (E)     Deer of either sex may be taken on all
               Orange and Wake counties                                         open days of the applicable deer with
               (A)     Six Days per Week Area                                   visible antlers season.
               (B)     Deer of either sex may be taken all              (F)     Hunting on posted waterfowl
                       the open days of the applicable Deer                     impoundments is by permit only.
                       With Visible Antlers Season.                     (G)     The use of firearms for hunting wild
               (C)     Waterfowl may be taken only on                           turkey is prohibited.
                       Mondays, Wednesdays, Saturdays; on        (44)   Lantern Acres Game Land in Tyrrell and
                       Thanksgiving, Christmas and New                  Washington counties
                       Year's Days; and on the opening and              (A)     Six Days per Week Area
                       closing days of the applicable                   (B)     Deer of either sex may be taken all
                       waterfowl seasons.                                       the open days of the applicable Deer
               (D)     Horseback riding is prohibited except                    With Visible Antlers Season.
                       on those areas posted as American                (C)     Wild turkey hunting is by permit
                       Tobacco Trail and other areas posted                     only.
                       for equestrian use. Unless otherwise             (D)     The use of dogs for hunting deer on
                       posted, horseback riding is permitted                    the Godley Tract is prohibited.
                       on posted portions of the American               (E)     Waterfowl hunting on posted
                       Tobacco Trail anytime the trail is                       waterfowl impoundments is by permit
                       open for use. On all other trails                        only.
                       posted for equestrian use, horseback      (45)   Lee Game Land in Lee County
                       riding is allowed only during June,              (A)     Six Days per Week Area
                       July and August, and on Sundays the              (B)     Deer of either sex may be taken the
                       remainder of the year except during                      first six open days and the last six
                       open turkey and deer seasons.                            open days of the applicable Deer
               (E)     Target shooting is prohibited.                           With Visible Antlers Season.
               (F)     Wild turkey hunting is by permit                 (C)     Target shooting is prohibited.
                       only, except on those areas posted as     (46)   Light Ground Pocosin Game Land in Pamlico
                       an Archery Zone.                                 County
               (G)     The use of bicycles is restricted to             (A)     Six Days per Week Area
                       designated areas, except that this               (B)     Deer of either sex may be taken all
                       restriction does not apply to hunters                    the open days of the applicable Deer
                       engaged in the act of hunting during                     with Visible Antlers Season.
                       the open days of the applicable           (47)   Linwood Game Land in Davidson County
                       seasons for game birds and game                  (A)     Six Days per Week Area
                       animals.                                         (B)     Deer of either sex may be taken on all
        (42)   Juniper Creek Game Land in Brunswick and                         of the open days of the applicable
               Columbus counties                                                Deer With Visible Antlers Season.
               (A)     Six Days per Week Area                    (48)   Lower Fishing Creek Game Land in
               (B)     Deer of either sex may be taken all              Edgecombe and Halifax counties
                       the open days of the Deer With                   (A)     Six Days per Week Area
                       Visible Antlers Season                           (B)     Deer of either sex may be taken the
               (C)     Camping is restricted to September 1                     first six open days and the last six
                       through the last day of February and                     open days of the applicable Deer
                       April 7 through May 14 in areas both                     With Visible Antlers Season.
                       designated and posted as camping                 (C)     Horseback riding is prohibited.
                       areas.                                           (D)     The use of dogs for hunting deer is
        (43)   Kerr Scott Game Land in Wilkes County                            prohibited.
               (A)     Six Days per Week Area                    (49)   Mayo Game Land in Person County
               (B)     Use of centerfire rifles is prohibited.          (A)     Six Days per Week Area
               (C)     Use of muzzleloaders, shotguns, or               (B)     Deer of either sex may be taken the
                       rifles for hunting deer during the                       first six open days and the last six
                       applicable Deer With Visible Antlers                     open days of the applicable Deer
                       Season shall be prohibited.                              With Visible Antlers Season.



26:03                                         NORTH CAROLINA REGISTER                                 August 1, 2011
                                                       116
                                                      PROPOSED RULES

               (C)       Waterfowl shall be taken only on                  (D)      The Deer With Visible Antlers season
                         Tuesdays, Thursdays and Saturdays;                         consists of the open hunting days
                         Christmas and New Year's Days, and                         from the second Saturday before
                         on the opening and closing days of                         Thanksgiving through the third
                         the applicable waterfowl seasons.                          Saturday after Thanksgiving.
               (D)       Target shooting is prohibited.                    (E)      Deer of either sex may be taken the
        (50)   Mitchell River Game Land in Surry County                             last open day of the applicable Deer
               (A)       Three Days per Week Area                                   With Visible Antlers Season.
               (B)       Deer of either sex may be taken the               (F)      The use of dogs for hunting deer is
                         last six days of the applicable Deer                       prohibited.
                         with Visible Antlers Season.                      (G)      Wild turkey hunting is by permit
               (C)       Horseback riding is prohibited except                      only.
                         on designated trails May 16 through               (H)      On Lake Upchurch, the following
                         August 31 and all horseback riding is                      activities are prohibited:
                         prohibited from September 1 through                        (i)       No person shall operate any
                         May 15.                                                              vessel or vehicle powered by
        (51)   Nantahala Game Land in Cherokee, Clay,                                         an     internal   combustion
               Graham, Jackson, Macon, Swain and                                              engine; and
               Transylvania counties                                                (ii)      Swimming.
               (A)       Six Days per Week Area                     (56)   North River Game Land in Camden and
               (B)       Deer of either sex may be taken the               Currituck counties
                         last open day of the applicable Deer              (A)      Six Days per Week Area
                         With Visible Antlers Season in that               (B)      Deer of either sex may be taken all
                         portion located in Transylvania                            the open days of the applicable Deer
                         County.                                                    With Visible Antlers Season.
        (52)   Needmore Game Land in Macon and Swain                       (C)      The boundary of the Game Land shall
               counties.                                                            extend five yards from the edge of the
               (A)       Six Days per Week Area                                     marsh or shoreline.
               (B)       Horseback riding is prohibited except              (D)     Hunting on the posted waterfowl
                         on designated trails May 16 through                        impoundment is by permit only.
                         August 31 and all horseback riding is      (57)   Northwest River Marsh Game Land in
                         prohibited from September 1 through               Currituck County
                         May 15.                                           (A)      Six Days per Week Area
        (53)   Neuse River Game Land in Craven County                      (B)      Deer of either sex may be taken all
               (A)       Six Days per Week Area                                     the open days of the applicable Deer
               (B)       Deer of either sex may be taken all                        With Visible Antlers Season.
                         the first six open days and the last six          (C)      The boundary of the Game Land shall
                         open days of the applicable Deer                           extend five yards from the edge of the
                         With Visible Antlers Season.                               marsh or shoreline.
        (54)   New Lake Game Land in Hyde and Tyrrell               (58)   Pee Dee River Game Land in Anson,
               counties                                                    Montgomery, Richmond and Stanly counties
               (A)       Six Days per Week Area                            (A)      Six Days per Week Area
               (B)       Deer of either sex may be taken all               (B)      Deer of either sex may be taken the
                         the open days of the applicable Deer                       first six open days and the last six
                         With Visible Antlers Season.                               open days of the applicable Deer
        (55)   Nicholson Creek Game Land in Hoke County                             With Visible Antlers Season.
               (A)       Three Days per Week Area                          (D)      Use of centerfire rifles is prohibited
               (B)       Deer of either sex may be taken with                       in that portion in Anson and
                         bow and arrow on open hunting days                         Richmond counties North of US-74.
                         from the Saturday on or nearest                   (E)      Target shooting is prohibited.
                         September 10 to the fourth Friday          (59)   Perkins Game Land in Davie County
                         before Thanksgiving.                              (A)      Three Days per Week Area
               (C)       Deer of either sex may be taken with              (B)      Deer of either sex may be taken the
                         muzzle-loading firearms on open                            last open day of the applicable Deer
                         hunting days beginning the fourth                          With Visible Antlers Season.
                         Saturday       before    Thanksgiving      (60)   Pisgah Game Land in Avery, Buncombe,
                         through the Wednesday of the second               Burke, Caldwell, Haywood, Henderson,
                         week thereafter.                                  Madison, McDowell, Mitchell, Transylvania,
                                                                           Watauga and Yancey counties


26:03                                          NORTH CAROLINA REGISTER                                   August 1, 2011
                                                        117
                                                   PROPOSED RULES

               (A)      Six Days per Week Area                         (A)      Three Days per Week Area
               (B)      Deer of either sex may be taken the            (B)      Deer of either sex may be taken with
                        last open day of the applicable Deer                    bow and arrow on open hunting days
                        With Visible Antlers Season.                            from the Saturday on or nearest
               (C)      Harmon Den and Sherwood Bear                            September 10 to the fourth Friday
                        Sanctuaries in Haywood County are                       before Thanksgiving.
                        closed to hunting raccoon, opossum             (C)      Deer of either sex may be taken with
                        and wildcat.                                            muzzle-loading firearms on open
               (D)(C) Horseback riding is prohibited on the                     hunting days beginning the fourth
                        Black Bear (McDowell County),                           Saturday      before     Thanksgiving
                        Linville River (Burke County), and                      through the Wednesday of the second
                        Little Tablerock Tracts (Avery,                         week thereafter.
                        McDowell, and Mitchell counties).              (D)      The Deer With Visible Antlers season
        (61)   Pond Mountain Game Land in Ashe County                           consists of the open hunting days
               (A)      Six Days per Week Area                                  from the second Saturday before
               (B)      Deer of either sex may be taken the                     Thanksgiving through the third
                        last six open days of the applicable                    Saturday after Thanksgiving.
                        Deer with Visible Antlers Season.              (E)      Deer of either sex may be taken the
               (C)      Horseback riding is prohibited except                   last open day of the applicable Deer
                        on designated trails May 16 through                     With Visible Antlers Season.
                        August 31 and all horseback riding is          (F)      The use of dogs for hunting deer is
                        prohibited from September 1 through                     prohibited.
                        May 15.                                        (G)      Wild turkey hunting is by permit
               (D)      Deer and bear hunting is by permit                      only.
                        only.                                          (H)      Taking fox squirrels is prohibited.
        (62)   Pungo River Game Land in Hyde County             (68)   Rocky Run Game Land in Onslow County:
               (A)      Six Days per Week Area                         Hunting is by permit only.
               (B)      Deer of either sex may be taken all     (69)   Sampson Game Land in Sampson County
                        the open days of the applicable Deer           (A)      Three Days per Week Area
                        With Visible Antlers Season.                   (B)      Deer of either sex may be taken all
        (63)   Rhodes Pond Game Land in Cumberland and                          the open days of the applicable Deer
               Harnett counties                                                 With Visible Antlers Season.
               (A)      Hunting is by permit only.              (70)   Sandhills Game Land in Hoke, Moore,
               (B)      Swimming is prohibited on the area.            Richmond and Scotland counties
        (64)   Roanoke River Wetlands in Bertie, Halifax,              (A)      Three Days per Week Area
               Martin and Northampton counties                         (B)      The Deer With Visible Antlers season
               (A)      Hunting is by Permit only.                              for deer consists of the open hunting
               (B)      Vehicles are prohibited on roads or                     days from the second Saturday before
                        trails except those operated on                         Thanksgiving through the third
                        Commission business or by permit                        Saturday after Thanksgiving except
                        holders.                                                on the field trial grounds where the
               (C)      Camping is restricted to September 1                    gun season is open days from the
                        through February 28 and April 7                         second Monday before Thanksgiving
                        through May 14 in areas both                            through the Saturday following
                        designated and posted as camping                        Thanksgiving. Deer may be taken
                        areas, provided, however, that                          with bow and arrow on all open
                        camping is allowed at any time within                   hunting days during the bow and
                        100 yards of the Roanoke River on                       arrow season, as well as during the
                        the state-owned portion of the game                     regular gun season. the Deer with
                        land.                                                   Visible antlers season, and from the
        (65)   Roanoke Island Marshes Game Land in Dare                         third Monday after Thanksgiving
               County-Hunting is by permit only.                                through January 1, except on the field
        (66)   Robeson Game Land in Robeson County                              trial grounds. Deer may be taken with
               (A)      Three Days per Week Area                                muzzle-loading firearms on open
               (B)      Deer of either sex may be taken the                     days beginning the fourth Saturday
                        first six open days and the last six                    before Thanksgiving through the
                        open days of the applicable Deer                        Wednesday of the second week
                        With Visible Antlers Season.                            thereafter, and during the Deer With
        (67)   Rockfish Creek Game Land in Hoke County                          Visible Antlers season. season, and


26:03                                        NORTH CAROLINA REGISTER                                 August 1, 2011
                                                      118
                                            PROPOSED RULES

              from the third Monday after                 (71)   Sandy Creek Game Land in Nash and Franklin
              Thanksgiving through January 1,                    Counties
              except on the field trial grounds.                 (A)      Six Days per Week Area
        (C)   Gun either-sex deer hunting is by                  (B)      Deer of either sex may be taken the
              permit only. For participants in the                        first six open days and the last six
              Disabled Sportsman Program who                              open days of the applicable Deer
              acquire special hunt permits, either-                       With Visible Antlers Season.
              sex deer hunting with any legal                    (C)      Horseback riding is prohibited.
              weapon is permitted on all areas the               (D)      The use of dogs for hunting deer is
              Thursday and Friday prior to the                            prohibited.
              muzzle-loading season described in          (72)   Sandy Mush Game Land in Buncombe and
              the preceding paragraph. Except for                Madison counties.
              the deer, opossum, rabbit, raccoon                 (A)      Three Days per Week Area
              and squirrel seasons indicated for the             (B)      Deer of either sex may be taken the
              field trial grounds in this Rule and                        last open day of the applicable Deer
              Disabled Sportsman Program hunts,                           with Visible Antlers season.
              the field trial grounds are closed to all          (C)      Horseback riding is prohibited except
              hunting during the period October 22                        on designated trails May 16 through
              to March 31.                                                August 31 and all horseback riding is
        (D)   In addition to the regular hunting                          prohibited from September 1 through
              days, waterfowl may be taken on the                         May 15.
              opening and closing days of the                    (D)      Dogs shall only be trained on
              applicable waterfowl seasons                                Mondays, Wednesdays and Saturdays
        (E)   Wild turkey hunting is by permit                            and only as allowed in 15A NCAC
              only.                                                       10D .0102(e).
        (F)   Dove hunting on the field trial                    (E)      Dove hunting is by permit only from
              grounds is prohibited from the third                        the opening day through the second
              Sunday in September through the                             Saturday of dove season.
              remainder of the hunting season.            (73)   Second Creek Game Land in Rowan County-
        (G)   Opossum, raccoon and squirrel (fox                 hunting is by permit only.
              and gray) hunting on the field trial        (74)   Shocco Creek Game Land in Franklin,
              grounds is allowed on open days from               Halifax, Nash and Warren counties
              the     second       Monday       before           (A)      Six Days per Week Area
              Thanksgiving through the Saturday                  (B)      Deer of either sex may be taken the
              following Thanksgiving and rabbit                           first six open days and the last six
              season on the field trial grounds will                      open days of the applicable Deer
              be from the Saturday preceding                              With Visible Antlers Season.
              Thanksgiving through the Saturday                  (C)      Horseback riding is prohibited.
              following Thanksgiving.                     (75)   South Mountains Game Land in Burke,
        (H)   The following areas are permit-only                Cleveland, McDowell and Rutherford counties
              for all quail and woodcock hunting                 (A)      Six Days per Week Area
              and dog training on birds:            In           (B)      The Deer With Visible Antlers season
              Richmond County: that part east of                          for deer consists of the open hunting
              US 1; In Scotland County: that part                         days from the Monday before
              west of SR 1328 and north of                                Thanksgiving through the third
              Gardner Farm Lane and that part east                        Saturday after Thanksgiving. Deer
              of SR 1328 and north of Scotland                            may be taken with bow and arrow on
              Lake Lane.                                                  open days beginning the Monday on
        (I)   Horseback riding on field trial                             or nearest September 10 to the third
              grounds from October 22 through                             Saturday thereafter, and Monday on
              March 31 is prohibited unless riding                        or nearest October 15 to the Saturday
              in authorized field trials.                                 before Thanksgiving and during the
        (J)   Camping and the presence of campers                         Deer With Visible Antlers season.
              and tents in designated Hunter                              Deer may be taken with muzzle-
              Camping Areas are limited to                                loading firearms on open days
              September 1 through the last day of                         beginning the Monday on or nearest
              February and April 7 through May                            October 1 through the Saturday of the
              14.                                                         second week thereafter, and during
                                                                          the Deer With Visible Antlers season.


26:03                                NORTH CAROLINA REGISTER                                  August 1, 2011
                                              119
                                                    PROPOSED RULES

               (C)      Deer of either sex may be taken the             (A)      Six Days per Week Area
                        last open day of the applicable Deer            (B)      Deer of either sex may be taken the
                        With Visible Antlers Season.                             last six open days of the applicable
               (D)      Horseback riding is prohibited except                    Deer With Visible Antlers Season.
                        on designated trails May 16 through             (C)      Horseback riding is prohibited.
                        August 31 and all horseback riding is    (81)   Thurmond Chatham Game Land in Alleghany
                        prohibited from September 1 through             and Wilkes counties
                        May 15.                                         (A)      Six Days per Week Area
               (E)      That part of South Mountains Game               (B)      Deer of either sex may be taken the
                        Land in Cleveland, McDowell, and                         first six open days and the last six
                        Rutherford counties is closed to all                     open days of the applicable Deer
                        grouse, quail and woodcock hunting                       With Visible Antlers Season.
                        and all bird dog training.                               Participants     of    the     Disabled
        (76)   Stones Creek Game Land in Onslow County                           Sportsman Program who acquire
               (A)      Six-Day per Week Area.                                   special hunt permits may also take
               (B)      Deer of either sex may be taken all                      either-sex deer with bow and arrow
                        the open days of the applicable Deer                     on the Saturday prior to the season
                        With Visible Antlers Season                              described in 15A NCAC 10B
               (C)      Swimming in all lakes is prohibited.                     .0203(b)(1)(B).
               (D)      Waterfowl on posted waterfowl                   (C)      Horseback riding is prohibited except
                        impoundments may be taken only on                        on designated trails May 16 through
                        the following days:                                      August 31 and all horseback riding is
                        (i)       the opening and closing days                   prohibited from September 1 through
                                  of the applicable waterfowl                    May 15. Participants must obtain a
                                  seasons;                                       game lands license prior to horseback
                        (ii)      Thanksgiving,     Christmas,                   riding on this area.
                                  New Year's and Martin                 (D)      The maximum period of consecutive
                                  Luther King, Jr. Days; and                     overnight camping at any designated
                        (iii)     Tuesdays and Saturdays of                      campground is 14 days within any 30
                                  the applicable waterfowl                       day period from May 1 through
                                  seasons.                                       August 31. After 14 consecutive
        (77)   Suggs Mill Pond Game Land in Bladen and                           days of camping all personal
               Cumberland counties                                               belongings must be removed from the
               (A)      Hunting and trapping is by Permit                        game land.
                        only.                                    (82)   Tillery game Land in Halifax County
               (B)      Camping is restricted to September 1            (A)      Six Days per Week Area
                        through February 28 and April 7                 (B)      Deer of either sex may be taken the
                        through May 14 in areas both                             first six open days and the last six
                        designated and posted as camping                         open days of the applicable Deer
                        areas.                                                   With Visible Antlers Season.
               (C)      Entry is prohibited on scheduled hunt           (C)      Horseback riding is prohibited.
                        or trapping days except for:                    (D)      The use of dogs for hunting deer is
                        (i)       hunters or trappers holding                    prohibited.
                                  special hunt or trapping              (E)      Wild turkey hunting is by permit
                                  permits; and                                   only.
                        (ii)      persons using Campground       (83)   Toxaway Game Land in Jackson and
                                  Road to access Suggs Mill             Transylvania counties
                                  Pond Lake at the dam.                 (A)      Six Days per Week Area
        (78)   Sutton Lake Game Land in New Hanover and                 (B)      Deer of either sex may be taken the
               Brunswick counties                                                last open day of the applicable Deer
               (A)      Six Days per Week Area                                   With Visible Antlers Season.
               (B)      Deer of either sex may be taken the                      Participants     of    the     Disabled
                        last six open days of the applicable                     Sportsman Program who acquire
                        Deer With Visible Antlers Season.                        special hunt permits may take deer of
               (C)      Target shooting is prohibited.                           either sex with any legal weapon on
        (79)   Tar River Game Land in Edgecombe County –                         the Saturday prior to the first segment
               hunting is by permit only.                                        of the bow and arrow season
        (80)   Three Top Mountain Game Land in Ashe                              described in 15A NCAC 10B
               County                                                            .0203(b)(1)(B).


26:03                                         NORTH CAROLINA REGISTER                                 August 1, 2011
                                                       120
                                                   PROPOSED RULES

               (C)     Horseback riding is prohibited except                               (i)       Access on Hargett Avenue
                       on designated trails May 16 through                                           and Sloan Farm Road
                       August 31 and all horseback riding is                                         requires a valid Hunting
                       prohibited from September 1 through                                           Opportunity Permit;
                       May 15.                                                             (ii)      Hunting is by permit only;
        (84)   Uwharrie Game Land in Davidson,                                                       and
               Montgomery and Randolph counties                                            (iii)     The use of dogs for hunting
               (A)     Six Days per Week Area                                                        deer is prohibited.
               (B)     Deer of either sex may be taken the                        (F)      Wild turkey hunting is by permit
                       first six open days and the last open                               only.
                       six days of the applicable Deer With               (88)    Whitehall Plantation Game Land in Bladen
                       Visible Antlers Season.                                    County
        (85)   Vance Game Land in Vance County                                    (A)      Hunting and trapping is by permit
               (A)     Six Days per Week Area                                              only
               (B)     Deer of either sex may be taken all                        (B)      Camping is restricted to September 1
                       the open days of the applicable Deer                                through the last day of February and
                       With Visible Antlers Season.                                        April 7 through May 14 in areas both
               (C)     The use of dogs, centerfire rifles and                              designated and posted as camping
                       handguns for hunting deer is                                        areas.
                       prohibited on the Nutbush Peninsula      (i) On permitted type hunts deer of either sex may be taken on
                       tract.                                   the hunt dates indicated on the permit. Completed applications
        (86)   Van Swamp Game Land in Beaufort and              must be received by the Commission not later than the first day
               Washington counties                              of September next preceding the dates of hunt. Permits shall be
               (A)     Six Days per Week Area                   issued by random computer selection, shall be mailed to the
               (B)     Deer of either sex may be taken all      permittees prior to the hunt, and are nontransferable. A hunter
                       the open days of the applicable Deer     making a kill must validate the kill and report the kill to a
                       With Visible Antlers Season.             wildlife cooperator agent or by phone.
               (C)     Bear may only be taken the first three   (j) The following game lands and refuges are closed to all
                       hunting days during the November         hunting except to those individuals who have obtained a valid
                       Bear Season and the first three          and current permit from the Wildlife Resources Commission:
                       hunting days during the second week      Bertie, Halifax and Martin counties-Roanoke River Wetlands
                       of the December Bear Season.             Bertie County-Roanoke River National Wildlife Refuge
        (87)   White Oak River Game Land in Onslow              Bladen County—Suggs Mill Pond Game Lands
               County                                           Burke County—John's River Waterfowl Refuge
               (A)     Three Days per Week Area                 Dare County-Dare Game Lands (Those parts of bombing range
               (B)     Deer of either sex may be taken all      posted against hunting)
                       the open days of the applicable Deer     Dare County—Roanoke Sound Marshes Game Lands
                       With Visible Antlers Season.             Davie-Hunting Creek Swamp Waterfowl Refuge
               (C)     Except as provided in Part (D) of this   Henderson and Transylvania counties—Dupont State Forest
                       Subparagraph, waterfowl in posted        Game Lands
                       waterfowl impoundments shall be          (k) Access to Hunting Creek Swamp Waterfowl Refuge in Davie
                       taken only on the following days:        County requires written permission from the Commission.
                       (i)       the opening and closing days   (k)(l) Free-ranging swine may be taken by licensed hunters
                                 of the applicable waterfowl    during the open season for any game animal using any legal
                                 seasons;                       manner of take allowed during those seasons, except in
                       (ii)      Thanksgiving,     Christmas,   Cherokee, Clay, Graham, Jackson, Macon, and Swain counties.
                                 New Year's and Martin          Dogs may not be used to hunt free-ranging swine except on
                                 Luther King, Jr. Days; and     game lands which allow the use of dogs for hunting deer or bear
                       (iii)     Tuesdays and Saturdays of      and during the applicable deer or bear season.
                                 the applicable waterfowl       (l)(m) Youth Waterfowl Day. On the day declared by the
                                 seasons.                       Commission to be Youth Waterfowl Day, youths may hunt on
               (D)     Beginning on the first open waterfowl    any game land and on any impoundment without a special hunt
                       season day in October and through        permit, including permit-only areas, except where specifically
                       the end of the waterfowl season, a       prohibited in Paragraph (h) of this Rule.
                       permit is required for hunting posted    (m)(n) Permit Hunt Opportunities for Disabled Sportsmen. The
                       waterfowl impoundments.                  Commission may designate special hunts for participants of the
               (E)     The Huggins Tract and Morton Tracts      disabled sportsman program by permit. The Commission may
                       have the following restrictions:         schedule these permit hunts during the closed season. Hunt dates
                                                                and species to be taken shall be identified on each permit. If the


26:03                                        NORTH CAROLINA REGISTER                                            August 1, 2011
                                                      121
                                                        PROPOSED RULES

hunt has a limited weapon choice, the allowed weapons will be                           wildlife may not be removed without written
clearly stated on each permit.                                                          permission.
(n)(o) As used in this Rule, horseback riding includes all equine              (4)      Insects, worms or other invertebrates collected
species.                                                                                as fish bait may be possessed on and removed
                                                                                        from Commission lands without written
Authority G.S. 113-134; 113-264; 113-291.2; 113-291.5; 113-                             permission for personal use only, except any
305; 113-296.                                                                           species on a state or federal protected list may
                                                                                        not be collected and may not be removed from
15A NCAC 10D .0105 POSSESSION AND REMOVAL                                               Commission lands. Sale of these resources is
OF ANIMALS, PLANTS AND MATERIALS                                                        prohibited.
(a) For purposes of this Rule, the following definitions apply:                (5)      Miscellaneous amounts of animal parts, plant
         (1)     "Other materials" includes the following: all                          parts not removed from live plants, and other
                 metals, minerals, rocks, soil, organic debris,                         materials may be possessed on and removed
                 buildings, fences, historic artifacts and water.                       from Commission lands without written
         (2)     "Commission lands" includes all state-owned                            permission, except in violation of state agency
                 game lands, hatcheries, depots, refuges,                               rules, general statutes or federal law.
                 boating access areas and public fishing access                         Collection of animal parts, plant parts not
                 areas, or parts thereof, allocated to the Wildlife                     removed from live plants, and other materials
                 Resources Commission.                                                  for commercial use or sale is prohibited.
         (3)     "Written permission" includes permits, sales                  (6)      Litter and road kill animals may be removed
                 agreements, agricultural agreements, and                               without written permission, except in violation
                 letters written by authorized Commission                               of 15A NCAC 10B .0106.
                 personnel. Written permissions shall specify                  (7)      A collection license as described in 15A
                 the type of activity allowed, the Commission                           NCAC 10B .0119 does not qualify as written
                 land(s) where the activity may occur and the                           permission to collect or remove any wildlife
                 persons authorized.                                                    resources from Commission lands. Written
(b) On Commission lands the following applies:                                          permission must be specific to the
         (1)     No wildlife resources, fungi, invertebrates,                           Commission land.
                 eggs, nests, animal parts, plants, plant             (c) On all other lands enrolled in the game land program the
                 materials, or other materials may be possessed       following apply:
                 on or removed from Commission lands except:                   (1)      All game, fur-bearing animals, fisheries
                 (A)       as allowed in this Rule;                                     resources, and nongame animals or birds for
                 (B)       if written permission has been                               which the Commission has established an open
                           granted by the Wildlife Resources                            season, legally taken under a valid hunting,
                           Commission.                                                  trapping, fishing or falconry license may be
                 This restriction applies to both dead and living                       possessed on and removed from game lands
                 wildlife resources, fungi, invertebrates, eggs,                        unless specifically prohibited.
                 animal parts, plants and plant materials.                     (2)      Possession and removal of all other wildlife
         (2)     All game, fur-bearing animals, fisheries                               resources, fungi, invertebrates, eggs, nests,
                 resources, and nongame animals or birds for                            animals parts, plants, plant materials, or other
                 which the Commission has established an open                           materials is subject to the rules of the
                 season, legally taken under a valid hunting,                           Commission and is at the discretion of the
                 trapping, fishing or falconry license may be                           landowner, except where the landowner has
                 possessed on and removed from Commission                               ceded authority to the Commission. When the
                 lands unless specifically prohibited.                                  landowner has ceded authority to the
         (3)     Berries, fruit, nuts, mushrooms, ramps and                             Commission, the permissions and restrictions
                 other plants or plant products suitable for                            in Paragraph (b) of this Rule apply.
                 human consumption may be possessed on and            (d) Any individual who has written permission, or a hunting,
                 removed from Commission lands without                trapping, fishing or falconry license required in order to possess
                 written permission for personal consumption          or remove wildlife resources, fungi, invertebrates, eggs, nests,
                 only, except any fungi, plant or part thereof on     animals parts, plants, plant materials, or other materials from
                 a state or federal protected list may not be         Commission lands and all other lands enrolled in the game land
                 possessed on or removed from Commission              program must have that written permission or license on his
                 lands without written permission. All other          person. This requirement extends to any individual operating in
                 fungi, plants and plant products which are not       conjunction with another's written permission.
                 suitable for human consumption may not be
                 possessed on or removed from Commission              Authority G.S. 113-134; 113-264; 113-291; 113-291.2; 113-305;
                 lands except with written permission. Crops or       113-333.
                 products thereof planted for the benefit of


26:03                                             NORTH CAROLINA REGISTER                                             August 1, 2011
                                                           122
                                                         PROPOSED RULES

     SUBCHAPTER 10H - REGULATED ACTIVITIES                                   birds that are unfit for release. For purposes of
                                                                             this Rule, wild animals are considered "unfit"
 SECTION .0300 - HOLDING WILDLIFE IN CAPTIVITY                               if they are incapacitated by injury or
                                                                             otherwise; if they are a non-native species that
15A NCAC 10H .0301 GENERAL REQUIREMENTS                                      poses a risk to the habitat or to other species in
(a) Captivity Permit or License Required                                     that habitat; or if they have been rendered tame
         (1)      Requirement. The possession of any species                 by proximity to humans to the extent that they
                  of wild animal that is or once was native to               cannot feed or care for themselves without
                  this State or any species of wild bird, native or          human assistance.         Persons interested in
                  migratory, that naturally occurs or historically           obtaining a captivity license shall contact the
                  occurred in this State or any member of the                Commission for an application.
                  family Cervidae is unlawful unless the               (2)   Denial of captivity license. Circumstances or
                  institution or individual in possession obtains            purposes for which a captivity license shall not
                  from the North Carolina Wildlife Resources                 be issued include the following:
                  Commission (Commission) a captivity permit                 (A)      For the purpose of holding a wild
                  or a captivity license as provided by this Rule.                    animal or wild bird that was acquired
         (2)      Injured, Crippled or Orphaned Wildlife. When                        unlawfully.
                  an individual has taken possession of an                   (B)      For the purpose of holding the wild
                  injured, crippled or orphaned wild animal or                        animal or wild bird as a pet. For
                  wild bird, that individual shall contact the                        purposes of this Rule, the term "pet"
                  Commission within 24 hours of taking                                means an animal kept for amusement
                  possession in order to apply for a captivity                        or companionship. The term shall not
                  permit, provided, however, that under no                            be construed to include cervids held
                  circumstances shall an individual take                              in captivity for breeding for sale to
                  possession of an injured, crippled or orphaned                      another licensed operator.
                  wild turkey, black bear, deer, elk or any other            (C)      For the purpose of holding wild
                  member of the family Cervidae except as                             animals or wild birds for hunting in
                  described in Subparagraph (3) of this                               North Carolina.
                  Paragraph.                                                 (D)      For the purpose of holding wild
         (3)      Rehabilitation of white-tailed deer fawns. An                       turkey or black bear.
                  individual may apply to the Commission to                  (E)      For the purpose of holding deer, elk
                  become a permitted white-tailed deer fawn                           or any other member of the family
                  rehabilitator for the State of North Carolina.                      Cervidae, except current licenses
                  Individuals deemed to be qualified according                        which may be renewed as specified in
                  to this Section to rehabilitate injured or                          Subparagraph (6) of this Paragraph.
                  orphaned fawns may receive a captivity permit              (E)      For the purposes of expanding a
                  to possess fawns only for such a period of time                     currently existing captive cervid
                  as may be required for the rehabilitation and                       facility which is not a Certified herd
                  release of the fawns to the wild. These                             facility as described in Rule .0304 of
                  captivity permits apply only to wild white-                         this Section.
                  tailed deer fawns and are available only to          (3)   Required Facilities. No captivity license shall
                  individuals recognized by the Commission as                be issued until the applicant has constructed or
                  white-tailed deer fawn rehabilitators.                     acquired a facility for keeping the animal or
(b) Captivity Permit. A captivity permit shall be requested by               bird in captivity that complies with the
mail, phone, facsimile or electronic transmission or in person. A            standards set forth in Rule .0302 of this
captivity permit authorizes possession of the animal or bird only            Section and the adequacy of such facility has
for such period of time as may be required for the rehabilitation            been verified on inspection by a representative
and release of the animal or bird to the wild; or to obtain a                of the Commission.
captivity license as provided by Paragraph (c) of this Rule, if        (4)   Term of License
such a license is authorized; or to make a proper disposition of             (A)      Dependent Wildlife. If the wild
the animal or bird if the application for such license is denied, or                  animal or wild bird has been
when an existing captivity license is not renewed or is                               permanently rendered incapable of
terminated. Captivity permits shall not be issued for wild                            subsisting in the wild, the license
turkey, black bear, deer, elk or any other member of the family                       authorizing its retention in captivity
Cervidae except as described in Subparagraph (a)(3) of this                           shall be an annual license terminating
Rule.                                                                                 on December 31 of the year for which
(c) Captivity License.                                                                issued.
         (1)      The purpose of captivity license is to provide             (B)      Rehabilitable Wildlife. When the
                  humane treatment for wild animals or wild                           wild animal or wild bird is


26:03                                              NORTH CAROLINA REGISTER                                  August 1, 2011
                                                            123
                                                    PROPOSED RULES

                      temporarily incapacitated, and may be                the inspection shall enter the date and
                      rehabilitated for release to the wild,               time of detection and the location of
                      any captivity license that is issued                 any damage threatening the stability
                      shall be for a period less than one                  of the fence. If damage has caused
                      year as rehabilitation may require.                  the fence to be breachable, the
              (C)     Concurrent Federal Permit. No State                  licensee shall enter a description of
                      captivity license for an endangered or               measures taken to prevent ingress or
                      threatened species or a migratory                    egress by cervids. Each record-book
                      bird, regardless of the term specified,              entry shall bear the signature or
                      shall operate to authorize retention                 initials of the licensee attesting to the
                      thereof for a longer period than is                  veracity of the entry. The record-
                      allowed by any concurrent federal                    book shall be made available to
                      permit that may be required for                      inspection by a representative of the
                      retention of the bird or animal.                     Commission upon request during
        (5)   Holders of Captivity License for cervids.                    normal business operating hours.
              (A)     Inspection of records. The licensee            (E)   Maintenance. Any opening or
                      shall make all records pertaining to                 passage through the enclosure fence
                      tags, licenses or permits issued by the              that results from damage shall, within
                      Commission available for inspection                  one hour of detection, be sealed or
                      by the Commission at any time                        otherwise secured to prevent a cervid
                      during normal business hours, or at                  from escape. Any damage to the
                      any time an outbreak of Chronic                      enclosure fence that threatens its
                      Wasting Disease (CWD) is suspected                   stability shall be repaired within one
                      or confirmed within five miles of the                week of detection.
                      facility or within the facility itself.        (F)   Escape. When a licensee discovers
              (B)     Inspection. The licensee shall make                  the escape of any cervid from the
                      all enclosures at each licensed facility             facility, the licensee or designee shall
                      and the record-book(s) documenting                   report within 24 hours the escape to
                      required monitoring of the outer fence               the Commission. If possible, the
                      of the enclosure(s) available for                    escaped cervid shall be recaptured
                      inspection by the Commission at any                  alive. If live recapture is not possible,
                      time during normal business hours, or                the licensee shall request a wildlife
                      at any time an outbreak of CWD is                    take permit and take the escaped
                      suspected or confirmed within five                   cervid pursuant to the terms of the
                      miles of the facility or within the                  permit. A recaptured live cervid shall
                      facility itself.                                     be submitted to the Commission for
              (C)     Fence Monitoring Requirement. The                    CWD testing using a test recognized
                      fence surrounding the enclosure shall                by the Southeastern Cooperative
                      be inspected by the licensee or                      Wildlife Disease Study unless the
                      licensee's agent once a week during                  executive director determines that the
                      normal weather conditions to verify                  risk of CWD transmission as a result
                      its stability and to detect the existence            of this escape is negligible based
                      of any conditions or activities that                 upon:
                      threaten its stability. In the event of              (i)        amount of time the escaped
                      severe weather or any other condition                           cervid remained out of the
                      that presents potential for damage to                           facility;
                      the fence, inspection shall occur                    (ii)       proximity of the escaped
                      every three hours until cessation of                            cervid to wild populations;
                      the threatening condition, except that               (iii)      known susceptibility of the
                      no inspection is required under                                 escaped cervid species to
                      circumstances that threaten the safety                          CWD;
                      of the person conducting the                         (iv)       nature of the terrain in to
                      inspection.                                                     which the cervid escaped.
              (D)     A record-book shall be maintained to           (G)   Chronic Wasting Disease (CWD)
                      record the time and date of the                      (i)        Detection.     Each licensee
                      inspection, the name of the person                              shall notify the Commission
                      who performed the inspection, and                               within 24 hours if any cervid
                      the condition of the fence at time of                           within the facility exhibits
                      inspection. The person who performs                             clinical symptoms of CWD


26:03                                         NORTH CAROLINA REGISTER                            August 1, 2011
                                                       124
                                     PROPOSED RULES

                or if a quarantine is placed                                   date      and      that
                on the facility by the State                                   received cervid has
                Veterinarian.       All captive                                tested positive for
                cervids        that       exhibit                              CWD or the test for
                symptoms of CWD shall be                                       CWD                was
                tested for CWD.                                                inconclusive or the
        (ii)    Cervid death. The carcass of                                   received cervid was
                any captive cervid that was                                    no longer available
                six months or older at time                                    for testing.
                of death shall be transported         (H)   Tagging Required. Effective upon
                and submitted by the                        receipt of tags from the Commission,
                licensee or his designee to a               each licensee shall implement the
                North Carolina Department                   tagging requirement using only the
                of Agriculture diagnostic lab               tags provided by the Commission as
                for CWD evaluation within                   follows:
                48 hours of the cervid's                    (i)      All cervids born within a
                death, or by the end of the                          facility shall be tagged by
                next        business        day,                     March 1 following the
                whichever is later. Ear tags                         birthing season each year.
                distributed         by        the                    Fawns and calves must be
                Commission                   and                     tagged with a button ear tag
                subsequently affixed to the                          before sale or transfer to
                cervids as required by this                          another      captive      cervid
                Rule, may not be removed                             facility     within        North
                from the cervid's head prior                         Carolina. The receiver is
                to submitting the head for                           required to affix the bangle
                CWD evaluation.                                      ear tag before March 1
        (iii)   The     Commission          shall                    following the birth of the
                require testing or forfeiture                        calf or fawn.
                of cervids from a facility                  (ii)     All cervids transferred to a
                holding cervids in this state                        facility shall be tagged
                should       the       following                     within five days of the
                circumstances or conditions                          cervid's arrival at the
                occur:                                               licensee's facility. However,
                (I)       The facility has                           no      cervids     shall      be
                          transferred a cervid                       transported from one facility
                          that is received by a                      to another unless both
                          facility in which                          sending and receiving herds
                          CWD is confirmed                           are certified according to
                          within five years of                       15A NCAC 10H .0304.
                          the            cervid's     (I)   Application for Tags.
                          transport date and                (i)      Application for tags for
                          that       transferred                     calves        and         fawns.
                          cervid has tested                          Application for tags for
                          positive for CWD                           cervids born within a facility
                          or the test for CWD                        shall be made by the licensee
                          was inconclusive or                        by December 1 following
                          the        transferred                     the birthing season of each
                          cervid      was      no                    year.     The licensee shall
                          longer available for                       provide      the      following
                          testing.                                   information, along with a
                (II)      The facility has                           statement and licensee's
                          received a cervid                          signature verifying that the
                          that originated from                       information is accurate:
                          a facility in which                        (I)       Applicant        name,
                          CWD has been                                         mailing       address,
                          confirmed within                                     and         telephone
                          five years of the                                    number;
                          cervid's transport


26:03                         NORTH CAROLINA REGISTER                              August 1, 2011
                                       125
                                           PROPOSED RULES

                       (II)    Facility name and            (K)   Reporting Tags Requirement. For all
                               site address;                      cervids, except calves and fawns, the
                     (III)     Captivity      license             licensee shall submit a Cervidae
                               number;                            Tagging Report within 30 days of
                     (IV)      Species of each                    receipt of the tags. Cervidae Tagging
                               cervid; and                        Reports for calves and fawns shall be
                     (V)       Birth year of each                 submitted by March 1 following the
                               cervid.                            birthing season each year.            A
              (ii)   Application for tags for                     Cervidae Tagging Report shall
                     cervids that were not born at                provide the following information
                     the facility site shall be made              and be accompanied by a statement
                     by written request for the                   and licensee's signature verifying that
                     appropriate number of tags                   the information is accurate:
                     along with the licensee's                    (i)      Licensee name, mailing
                     application for transportation                        address,     and     telephone
                     of the cervid, along with a                           number;
                     statement and licensee's                     (ii)     Facility name and site
                     signature verifying that the                          address,     including      the
                     information is accurate.                              County in which the site is
                     These tag applications shall                          located;
                     not be processed unless                      (iii)    Captivity license number;
                     accompanied by a completed                   (iv)     Species and sex of each
                     application                   for                     cervid;
                     transportation. However, no                  (v)      Tag number(s) for each
                     transportation permits shall                          cervid; and
                     be issued nor shall cervids                  (vi)     Birth year of each cervid.
                     be transported from one                (L)   Replacement of Tags.                The
                     facility to another unless                   Commission shall replace tags that
                     both sending and receiving                   are lost or unusable and shall extend
                     herds are certified according                the time within which a licensee shall
                     to 15A NCAC 10H .0304.                       tag cervids consistent with time
        (J)   Placement of Tags.                                  required to issue a replacement.
              (i)    A single button ear tag                      (i)      Lost Tags. The loss of a tag
                     provided by the Commission                            shall be reported to the
                     shall be permanently affixed                          Commission by the licensee
                     by the licensee onto either                           and application shall be
                     the right or left ear of each                         made for a replacement upon
                     cervid, provided that the ear                         discovery of the loss.
                     chosen to bear the button tag                         Application         for       a
                     shall not also bear a bangle                          replacement shall include the
                     tag, so that each ear of the                          information required by Part
                     cervid bears only one tag.                            (c)(5)(I) of this Rule along
              (ii)   A single bangle ear tag                               with a statement and
                     provided by the Commission                            applicant's           signature
                     shall be permanently affixed                          verifying        that       the
                     by the licensee onto the right                        information is accurate.
                     or left ear of each cervid                            Lost tags shall be replaced
                     except       Muntjac        deer,                     on the animal by the licensee
                     provided that the ear bearing                         within 30 days of receipt of
                     the bangle tag does not also                          the replacement tag.
                     bear the button tag, so that                 (ii)     Unusable Tags. Tags that
                     each ear of the cervid bears                          cannot be properly affixed to
                     only one tag. Muntjac deer                            the ear of a cervid or that
                     are not required to be tagged                         cannot be read because of
                     with the bangle tag.                                  malformation or damage to
              (iii)  Once a tag is affixed in the                          the tags or obscurement of
                     manner required by this                               the tag numbers shall be
                     Rule, it shall not be                                 returned to the Commission
                     removed.                                              along with an application for


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                                              126
                                                           PROPOSED RULES

                                       a replacement tag with a                            members of the family Cervidae) to another
                                       statement and applicant's                           person who has obtained a license to hold it in
                                       signature verifying that the                        captivity. For animals in the family Cervidae,
                                       information        in       the                     sale or transfer of animals is allowed only
                                       application is accurate.                            between Certified Herds, as defined in 15A
         (6)       Renewal of captivity license for cervids.                               NCAC 10H .0304. Upon such a sale or
                   Existing captivity licenses for the possession                          transfer, the seller or transferor shall obtain a
                   of cervids at existing facilities shall be                              receipt for the animal or bird showing the
                   renewed as long as the applicant for renewal                            name, address, and license number of the
                   has live cervids and continues to meet the                              buyer or transferee, a copy of which shall be
                   requirements of this Section for the license.                           provided to the Commission.
                   Only licensees with Certified Herds, as                        (3)      It is unlawful for any person to release into the
                   defined in 15A NCAC 10H .0304, may request                              wild for any purpose or allow to range free:
                   in their renewal applications to expand pen                             (A)       any species of deer, elk or other
                   size or the number of pens on the licensed                                        members of the family Cervidae, or
                   facility to increase the holding capacity of that                       (B)       any wolf, coyote, or other non-
                   facility. No renewals shall be issued for a                                       indigenous member of the family
                   license that has been allowed to lapse due to                                     Canidae, or
                   the negligence of the former licensee.                                  (C)       any member of the family Suidae.
         (7)       Provision for licensing the possession of             (f) Transportation Permit.
                   cervids in an existing facility. A captivity                   (1)      Except as otherwise provided herein, no
                   license shall only be issued to an individual                           transportation permit is required to move any
                   who is 18 years of age or older. If the licensee                        lawfully held wild animal or wild bird within
                   of an existing facility voluntarily surrenders                          the State.
                   his or her captivity license, becomes                          (2)      No person shall transport black bear or
                   incapacitated or mentally incompetent, or dies,                         Cervidae for any purpose without first
                   a person who has obtained lawful possession                             obtaining a transportation permit from the
                   of the facility from the previous licensee or                           Commission.
                   that licensee's estate, may request that the                   (3)      Except as provided in Subparagraph (f)(4) of
                   existing captivity license be transferred to him                        this Rule, no transportation permits shall be
                   or her to operate the existing facility. Any                            issued for deer, elk, or other species in the
                   license transferred under this provision shall                          family Cervidae except into and between
                   be subject to the same terms and conditions                             Certified Herds as defined in 15A NCAC 10H
                   imposed on the original licensee at the time of                         .0304.
                   his or her surrender or death and shall be valid               (4)      Cervid Transportation. A permit to transport
                   only for the purpose of holding the cervids of                          deer, elk, or other species in the family
                   the existing facility within that existing                              Cervidae may be issued by the Commission to
                   facility. In addition, any actions pending from                         an applicant for the purpose of transporting the
                   complaint, investigation or other cause shall be                        animal or animals for export out of state, to a
                   continued notwithstanding the termination of                            slaughterhouse for slaughter, from a Certified
                   the original license.                                                   Herd to another Certified Herd as defined in
(d) Nontransferable. No license or permit or tag issued pursuant                           15A NCAC 10H .0304, or to a veterinary
to this Rule is transferable, either as to the holder or the site of a                     medical facility for treatment provided that the
holding facility, except as provided in Subparagraph (c)(7) of                             animal for which the permit is issued does not
this Rule.                                                                                 exhibit clinical symptoms of Chronic Wasting
(e) Sale, Transfer or Release of Captive Wildlife.                                         Disease. Disease or for the purpose of stocking
         (1)       It is unlawful for any person to transfer or                            a new captive cervid facility. For purposes of
                   receive any wild animal or wild bird that is                            this Paragraph a "new captive cervid facility"
                   being held under a captivity permit issued                              is one that has been licensed for fewer than six
                   under Paragraph (b) of this Rule, except that                           months. No person shall transport a cervid to
                   any such animal or bird may be surrendered to                           slaughter or export out of state without bearing
                   an agent of the Commission.                                             a copy of the transportation permit issued by
         (2)       It is unlawful for any person holding a                                 the       Commission        authorizing      that
                   captivity license issued under Paragraph (c) of                         transportation. No person shall transport a
                   this Rule to sell or transfer the animal or bird                        cervid for veterinary treatment without having
                   held under such license, except that such                               obtained approval from the Commission as
                   animal or bird may be surrendered to an agent                           provided by Part (f)(4)(D) of this Rule. Any
                   of the Commission, and any such licensee may                            person transporting a cervid shall present the
                   sell or transfer the animal or bird (except                             transportation permit to any law enforcement


26:03                                               NORTH CAROLINA REGISTER                                               August 1, 2011
                                                             127
                                              PROPOSED RULES

        officer or any representative of the                         (iv)      Vehicle or trailer license
        Commission upon request, except that a                                 plate number and state of
        person transporting a cervid by verbal                                 issuance of the vehicle or
        authorization for veterinary treatment shall                           trailer used to transport the
        provide the name of the person who issued the                          cervid;
        approval to any law enforcement officer or any               (v)       Name, site address, county,
        representative of the Commission upon                                  state and phone number of
        request.                                                               the destination facility to
        (A)      Slaughter.        Application for a                           which the cervid is exported;
                 transportation permit for purpose of                (vi)      A copy of the importation
                 slaughter shall be submitted in                               permit from the state of the
                 writing to the Commission and shall                           destination facility that
                 include the following information                             names       the    destination
                 along with a statement and applicant's                        facility to which the animal
                 signature      verifying     that    the                      is to be exported;
                 information is accurate:                            (vii)     Date of departure;
                 (i)       Applicant name, mailing                   (viii)    Species and sex of each
                           address,     and     telephone                      cervid; and
                           number;                                   (ix)      Tag number(s) for each
                 (ii)      Facility site address;                              cervid.
                 (iii)     Captivity license number;           (C)   Between herds. Application for a
                 (iv)      Name, address, county and                 transportation permit for purpose of
                           phone number of the                       moving a cervid from one Certified
                           slaughter house to which the              Herd to another Certified Herd, as
                           cervid will be transported;               defined in 15A NCAC 10H .0304,
                 (v)       Vehicle or trailer license                shall be submitted in writing to the
                           plate number and state of                 Commission and shall include the
                           issuance of the vehicle or                following information along with a
                           trailer used to transport the             statement and applicant's signature
                           cervid;                                   verifying that the information is
                 (vi)      Name and location of the                  accurate:
                           North Carolina Department                 (i)       Applicant's name, mailing
                           of Agriculture Diagnostic                           address      and     telephone
                           lab where the head of the                           number;
                           cervid is to be submitted for             (ii)      Facility site address;
                           CWD testing;                              (iii)     Captivity license number;
                 (vii)     Date of transportation;                   (iv)      Vehicle or trailer license
                 (viii)    Species and sex of each                             plate number and state of
                           cervid; and                                         issuance of the vehicle or
                 (ix)      Tag number(s) for each                              trailer used to transport the
                           cervid.                                             cervid;
        (B)      Exportation. Nothing in this rule                   (v)       Name, site address, county,
                 shall be construed to prohibit the                            and phone number of the
                 lawful exportation of a member of the                         destination facility to which
                 family Cervidae for sale out of state.                        the cervid is moved;
                 Application for a transportation                    (vi)      Date of departure;
                 permit for purpose of exportation out               (vii)     Species and sex of each
                 of state shall be submitted in writing                        cervid; and
                 to the Commission and shall include                 (viii)    Tag      number(s)for     each
                 the following information along with                          cervid.
                 a statement and applicant's signature         (D)   Veterinary treatment. No approval
                 verifying that the information is                   shall be issued for transportation of a
                 accurate:                                           cervid to a veterinary clinic out of the
                 (i)       Applicant's name, mailing                 state of North Carolina, or for
                           address      and     telephone            transportation from a facility out of
                           number;                                   the state of North Carolina to a
                 (ii)      Facility site address;                    veterinary clinic in North Carolina.
                 (iii)     Captivity license number;                 An applicant from a North Carolina
                                                                     facility seeking to transport a cervid


26:03                                   NORTH CAROLINA REGISTER                            August 1, 2011
                                                 128
                                                        PROPOSED RULES

                          for veterinary treatment to a facility      information along with a statement and applicant's signature
                          within North Carolina shall contact         verifying that the information is accurate:
                          the Wildlife Telecommunications                      (1)       Applicant name, mailing address, and
                          Center or the Wildlife Management                              telephone number;
                          Division of the Commission to obtain                 (2)       Facility site address;
                          verbal authorization to transport the                (3)       Captivity license number;
                          cervid to a specified veterinary clinic              (4)       Name and location of the North Carolina
                          and to return the cervid to the facility.                      Department of Agriculture Diagnostic lab
                          Verbal approval to transport a cervid                          where the head of the cervid is to be submitted
                          to a veterinary clinic shall authorize                         for CWD testing;
                          transport only to the specified                      (5)       Date of slaughter;
                          veterinary clinic and directly back to               (6)       Species and sex of each cervid; and
                          the facility, and shall not be construed             (7)       Tag number(s) for each cervid.
                          to permit intervening destinations.         Permits or authorization may not be sold or traded by the
                          To obtain verbal authorization to           licensee to any individual for the hunting or collection of captive
                          transport, the applicant shall provide      cervids. Only the licensee may kill a cervid within the cervid
                          staff of the Commission the                 enclosure.
                          applicant's name and phone number,
                          applicant's facility name, site address     Authority G.S. 106-549.97(b); 113-134; 113-272.5; 113-272.6;
                          and phone number, the cervid                113-274.
                          species, sex and tag numbers, and the
                          name, address and phone number of           15A NCAC 10H .0302 MINIMUM STANDARDS
                          the veterinary facility to which the        (a) Exemptions. Publicly financed zoos, scientific and
                          cervid shall be transported. Within         biological research facilities, and institutions of higher education
                          five days of transporting the cervid to     that were granted an exemption by the Commission from the
                          the veterinary facility for treatment,      standards of this Rule prior to December 1, 2005 are exempt
                          the licensee shall provide the              from the standards set forth in this Rule for all birds and animals
                          following information in writing to         except the black bear so long as the captivity license in effect on
                          the Commission, along with a                that date has not expired or been revoked.
                          statement and applicant's signature         (b) With the exception of those entities named in Paragraph (a)
                          verifying that the information is           of this Rule who have received exemption from the
                          correct:                                    Commission, all holders of captivity licenses shall comply with
                          (i)       Applicant's name, mailing         the following requirements:
                                    address     and      telephone              (1)      Deer, Elk and other species of the family
                                    number;                                              Cervidae
                          (ii)      Facility name and site                               (A)       Enclosure. The enclosure shall be on
                                    address;                                                       a well-drained site containing natural
                          (iii)     Captivity license number;                                      or manmade shelter for shade. The
                          (iv)      Vehicle or trailer license                                     minimum size of the enclosure for all
                                    plate number and state of                                      cervids except Muntjac deer shall be
                                    issuance of the vehicle or                                     not less than one-half acre for the first
                                    trailer used to transport the                                  three animals and an additional one-
                                    cervid;                                                        fourth acre for each additional animal
                          (v)       Date of transportation;                                        held provided that no more than 25
                          (vi)      Species and sex of each                                        percent shall be covered with water.
                                    cervid;                                                        At no time shall the number of
                          (vii)     Tag number(s) for each                                         cervids in the enclosure exceed the
                                    cervid;                                                        number allowed by the captivity
                          (viii)    Name, address and phone                                        license, except that fawns and calves
                                    number of the veterinarian                                     shall not count towards the total
                                    and clinic that treated the                                    number of cervids in a facility from
                                    cervid;                                                        the time they are born until March 1
                          (ix)      Symptoms for which cervid                                      of the following year. The enclosure
                                    received treatment; and                                        shall be surrounded by a fence of
                          (x)       Diagnosis of veterinarian                                      sufficient strength and design to
                                    who treated the cervid.                                        contain the animal under any
(g) Slaughter at cervid facility. Application for a permit for                                     circumstances, at least eight feet high,
purpose of slaughter at the cervid facility shall be submitted in                                  and dog-proof to a height of at least
writing to the Commission and shall include the following                                          six feet. Facilities licensed after


26:03                                             NORTH CAROLINA REGISTER                                                August 1, 2011
                                                           129
                                                  PROPOSED RULES

                     January 1, 2012 shall have two fences                    control of insects, ectoparasites,
                     meeting these standards surrounding                      disease, and odor shall be established
                     the facility and placed at least three                   and maintained.
                     feet apart. Enclosures and enclosure      (3)   Wild Birds
                     expansions may not contain wild deer            (A)      Enclosure. The enclosure shall be
                     or elk. The licensee shall ensure his                    large enough for the bird or birds to
                     enclosure is devoid of wild deer or                      assume all natural postures. The
                     elk before stocking with cervids. For                    enclosure shall be designed in such a
                     enclosures     exclusively      holding                  way that the birds cannot injure
                     Muntjac deer, the minimum pen size                       themselves and are able to maintain a
                     shall be 800 square feet for the first                   natural plumage. Protection from
                     three animals and 200 square feet for                    sun, weather, and predators shall also
                     each additional animal. No exposed                       be provided.
                     barbed wire, nails, or other                    (B)      Sanitation and Care. The cage shall
                     protrusions that may cause injury to                     be kept clean, dry, and free from
                     the animal shall be permitted within                     molded or damp feed. Ample food
                     the enclosure. Captive cervids shall                     and clean water shall be available at
                     not be contained within or allowed to                    all times.
                     enter a place of residence.               (4)   Alligators
              (B)    Sanitation and Care. Licensees shall            (A)      Enclosure. The enclosure shall be
                     provide an ample supply of clear                         surrounded by a fence of sufficient
                     water and salt at all times. Food shall                  strength to contain the animals and
                     be placed in the enclosure as needed,                    that shall prevent contact between the
                     but not less than three times weekly.                    observer and alligator. The enclosure
                     An effective program for the control                     shall contain a pool of water large
                     of insects, ectoparasites, disease, and                  enough for the animal to completely
                     odor shall be established and                            submerge itself. If more than one
                     maintained. The animal(s) shall be                       animal is kept, the pool must be large
                     protected against fright or harm from                    enough for all animals to be able to
                     other animals.                                           submerge themselves at the same
        (2)   Wild Boars                                                      time.      A land area with both
              (A)    Enclosure. The enclosure shall be on                     horizontal dimensions at least as long
                     a site containing trees or brush for                     as the animal shall also be provided.
                     shade. The minimum size of the                           In case of more than one animal, the
                     enclosure shall be not less than one-                    land area shall have both horizontal
                     half acre for the first three animals                    dimensions at least as long as the
                     and an additional one-fourth acre for                    longest animals to occupy the land
                     each additional animal held. The                         area at the same time without overlap.
                     enclosure shall be surrounded by a              (B)      Sanitation and Care. The water area
                     fence at least five feet high and of                     shall be kept clean and food adequate
                     sufficient strength to contain the                       to maintain good health provided.
                     animals. No exposed barbed wire or                       Protection shall be provided at all
                     protruding nails shall be permitted                      times from extremes in temperature
                     within the enclosure.        A roofed                    that could cause stress to the animal.
                     building large enough to provide          (5)   Black Bear
                     shelter in both a standing or a lying           (A)      Educational Institutions and Zoos
                     position for each boar must be                           Operated       or     Established     by
                     provided. This building shall be                         Governmental Agencies
                     closed on three sides. A pool of                         (i)       Enclosure.     A permanent,
                     water for wallowing or a sprinkler                                 stationary metal cage, at
                     system shall be provided on days                                   least eight feet wide by 12
                     when heat could cause stress to the                                feet long by six feet high and
                     animal(s).                                                         located in the shade or where
              (B)    Sanitation and Care. Licensees shall                               shaded during the afternoon
                     provide an ample supply of clear                                   hours     of summer,         is
                     water at all times. Food shall be                                  required. The cage shall
                     placed in the enclosure as needed, but                             have a concrete floor in
                     in any case, not less than three times                             which a drainable pool one
                     weekly. An effective program for the                               and one-half feet deep and


26:03                                       NORTH CAROLINA REGISTER                                 August 1, 2011
                                                     130
                                           PROPOSED RULES

                       not less than four by five                     the following conditions must exist to
                       feet has been constructed.                     simulate a natural habitat in a holding
                       The bars of the cage shall be                  facility:
                       of iron or steel at least one-                 (i)       The method of confinement
                       fourth inch in diameter, or                              is by chain link fence, wall,
                       heavy gauge steel chain link                             moat, or a combination of
                       fencing may be used. The                                 such, without the use of
                       gate shall be equipped with a                            chains or tethers.
                       lock or safety catch, and                      (ii)      The area of confinement is at
                       guard rails shall be placed                              least one acre in extent for
                       outside the cage so as to                                one or two bears and an
                       prevent contact between the                              additional one-eighth acre
                       observer and the caged                                   for each additional bear.
                       animal.     The cage must                      (iii)     Bears are free, under normal
                       contain a den at least five                              conditions,       to      move
                       feet long by five feet wide                              throughout such area.
                       by four feet high and so                       (iv)      At least one-half of the area
                       constructed as to be easily                              of confinement is wooded
                       cleaned. A "scratch log"                                 with living trees, shrubs and
                       shall be placed inside the                               other perennial vegetation
                       cage. The cage shall be                                  capable of providing shelter
                       equipped with a removable                                from sun and wind.
                       food trough. Running water                     (v)       The area of confinement
                       shall be provided for                                    contains a pool not less than
                       flushing the floor and                                   one and one-half feet deep
                       changing the pool.                                       and not less than four by five
              (ii)     Sanitation and Care. Food                                feet in size.
                       adequate to maintain good                      (vi)      Provision is made for a den
                       health shall be provided                                 for each bear to which the
                       daily; and clean, clear                                  bear may retire for rest,
                       drinking water shall be                                  shelter from the elements, or
                       available at all times. The                              respite       from       public
                       floor of the cage and the                                observation.
                       food trough shall be flushed                   (vii)     The area of confinement
                       with water and the water in                              presents        an      overall
                       the pool changed daily. The                              appearance of a natural
                       den shall be flushed and                                 habitat and affords the bears
                       cleaned at least once each                               protection from harassment
                       week in hot weather. An                                  or annoyance.
                       effective program for the                      (viii)    Provisions are made for food
                       control       of       insects,                          and water that are adequate
                       ectoparasites, disease, and                              to maintain good health and
                       odor shall be established and                            for       maintenance        of
                       maintained. Brush, canvas,                               sanitation.
                       or other material shall be                     (ix)      The        applicant      shall
                       placed over the cage to                                  document that the applicant
                       provide additional shade                                 owns or has a lease of the
                       when necessary for the                                   real property upon which the
                       health of the animal. The                                holding facility is located,
                       use of collars, tethers or                               provided that if the applicant
                       stakes to restrain the bear is                           is a lessee, the lease is for a
                       prohibited, except as a                                  duration of at least five years
                       temporary safety device.                                 from the point of stocking
        (B)   Conditions      Simulating      Natural                           the facility.
              Habitat. Black bears held in captivity     (6)   Cougar
              by other than educational institutions           (A)    Educational or scientific research
              or governmental zoos shall be held                      institutions and zoos supported by
              without caging under conditions                         public funds.
              simulating a natural habitat. All of


26:03                                NORTH CAROLINA REGISTER                                August 1, 2011
                                              131
                                  PROPOSED RULES

        (i)    Enclosure.     A permanent,                         prohibited, except as a
               stationary metal cage, at                           temporary safety device.
               least nine feet wide by 18          (B)   Cougars held in captivity by other
               feet long by nine feet high               than     educational or scientific
               and located in the shade or               institutions or publicly supported
               where shaded during the                   zoos shall be held without caging
               afternoon hours of summer,                under conditions simulating a natural
               is required. The cage shall               habitat. Applicants for a captivity
               have a concrete floor. The                license to hold cougar shall apply to
               bars of the cage shall be of              the Commission on forms provided
               iron or steel at least one-               by the Commission, and shall provide
               fourth inch in diameter, or               plans that describe how the
               heavy gauge steel chain link              applicant's facility will comply with
               fencing may be used. The                  the requirement to simulate a natural
               gate shall be equipped with a             habitat.       All of the following
               lock or safety catch, and                 conditions must exist to simulate a
               guard rails shall be placed               natural habitat in a holding facility.
               outside the cage so as to                 (i)       The method of confinement
               prevent contact between the                         is by chain link fence,
               observer and the caged                              without the use of chains or
               animal.      The cage shall                         tethers, provided that:
               contain a den at least five                         (I)        Nine gauge chain
               feet long by five feet wide                                    link fencing shall
               by four feet high and so                                       be at least 12 feet in
               constructed as to be easily                                    height with a four
               cleaned. A "scratch log"                                       foot fence overhang
               shall be placed inside the                                     at a 45 degree angle
               cage. The cage shall be                                        on the inside of the
               equipped with a removable                                      pen to prevent
               food trough. Running water                                     escape           from
               shall be provided for                                          climbing           and
               flushing the floor and                                         jumping.
               changing the pool.                                  (II)       Fence posts and at
        (ii)   Sanitation and Care. Food                                      least six inches of
               adequate to maintain good                                      the fence skirt shall
               health shall be provided                                       be imbedded in a
               daily; and clean, clear                                        six inch wide by
               drinking water shall be                                        one     foot     deep
               available at all times. The                                    concrete footer to
               floor of the cage and the                                      prevent escape by
               food trough shall be flushed                                   digging.
               with water and the water in               (ii)      The area of confinement
               the    pool     changed    as                       shall be at least one acre for
               necessary to maintain good                          two cougars with an
               health of the animal. The                           additional one-eighth acre
               den shall be flushed and                            for each additional cougar.
               cleaned at least once each                          If,     following       a     site
               week. An effective program                          evaluation, the Commission
               for the control of insects,                         determines that terrain and
               ectoparasites, disease, and                         topographical features offer
               odor shall be established and                       sufficient escape, cover and
               maintained. Brush, canvas,                          refuge, and meet all other
               or other material shall be                          specifications, and that the
               readily available to be                             safety and health of the
               placed over the cage to                             animal(s)          will       not
               provide additional shade                            compromised, smaller areas
               when necessary. The use of                          shall be permitted.
               collars, tethers or stakes to             (iii)     Cougars shall be free under
               restrain the cougar is                              normal conditions to move


26:03                       NORTH CAROLINA REGISTER                              August 1, 2011
                                     132
                                                   PROPOSED RULES

                               throughout the area of                     (C)     Provisions shall be made for
                               confinement.                                       maintenance of sanitation and for
                       (iv)    At least one-half of the area                      food and water adequate to maintain
                               of confinement shall be                            good health of the animal(s).
                               wooded with living trees,                  (D)     The applicant shall document that the
                               shrubs and other perennial                         applicant owns or has a lease of the
                               vegetation       capable     of                    real property upon which the holding
                               providing shelter from sun                         facility is located, provided that if the
                               and wind; and a 20 foot wide                       applicant is a lessee, the lease is for a
                               strip along the inside of the                      duration of at least five years from the
                               fence shall be maintained                          point of stocking the facility.
                               free of trees, shrubs and any       (7)    Other Wild Animal Enclosures.
                               other obstructions which                   (A)     General Enclosure Requirements.
                               could provide a base from                          (i)        The enclosure shall provide
                               which      escape      through                                protection from free ranging
                               leaping could occur.                                          animals and from sun or
                       (v)     The area of confinement                                       weather that could cause
                               shall contain a pool not less                                 stress to the animals.
                               than one and one-half feet                         (ii)       A den area in which the
                               deep and not less than four                                   animal can escape from view
                               by five feet in size.                                         and large enough for the
                       (vi)    Each cougar shall be                                          animal to turn around and lie
                               provided a den to which the                                   down shall be provided for
                               cougar may retire for rest,                                   each animal within the
                               shelter from the elements, or                                 enclosure.
                               respite       from       public                    (iii)      No tethers or chains shall be
                               observation. Each den shall                                   used to restrain the animal.
                               be four feet wide by four                          (iv)       Either a tree limb, exercise
                               feet high by four feet deep.                                  device, or shelf large enough
                               Each den shall be enclosed                                    to accommodate the animal
                               entirely within at least an                                   shall be provided to allow
                               eight feet wide by ten feet                                   for exercise and climbing.
                               deep by 12 feet high security                      (v)        Sanitation and Care. Fresh
                               cage.     The security cage                                   food shall be provided daily,
                               shall be completely within                                    and clean water shall be
                               the confines of the facility,                                 available at all times.
                               cement-floored, shall have                         (vi)       An effective program for the
                               nine gauge fencing on all                                     control        of       insects,
                               sides and the top, and shall                                  ectoparasites, disease, and
                               have a four foot, 45 degree                                   odor shall be established and
                               fence overhang around the                                     maintained.
                               outside top edge to prevent                (B)     Single Animal Enclosures for certain
                               cougar access to the top of                        animals. The single-animal enclosure
                               the security cage.                                 for the animals listed in this
                       (vii)   The area of confinement                            Subparagraph shall be a cage with the
                               shall protect the cougar from                      following minimum dimensions and
                               harassment or annoyance.                           horizontal areas:
                                         Dimensions in Feet

        Animal                          Length             Width     Height           Per Animal

        Bobcat, Otter                   10                 5         5                50
        Raccoon, Fox, Woodchuck          8                 4         4                32
        Opossum, Skunk, Rabbit           6                 3         3                18
        Squirrel                         4                 2         2                 8

                 (C)   Single Enclosure Requirements for                           above or mentioned elsewhere in this
                       animals not mentioned elsewhere in                          Rule, single animal enclosures shall
                       this Rule. For animals not listed                           be a cage with one horizontal


26:03                                        NORTH CAROLINA REGISTER                                      August 1, 2011
                                                      133
                                                        PROPOSED RULES

                           dimension being at least four times       Department of Agriculture and Consumer Services personnel
                           the nose-rump length of the animal        before approval of any importation of cervids into North
                           and the other horizontal dimension        Carolina. There shall be no importation from individual U.S or
                           being at least twice the nose-rump        Mexican states or territories, Canadian provinces or other
                           length of the animal. The vertical        countries in which CWD has been detected, either in a wild or
                           dimensions shall be at least twice the    captive herd.
                           nose-rump length of the animal.           (b) Enrollment qualifications. Only captive cervid herds held
                           Under no circumstances shall a cage       under a valid captivity license are eligible for enrollment in the
                           be less than four feet by two feet by     Captive Cervid Herd Certification Program. Licensees shall
                           two feet.                                 comply with all captivity license requirements outlined in this
                  (D)      Multiple Animal Enclosures. The           Section and the rules and laws regulating possession,
                           minimum area of horizontal space          transportation and importation of cervids in order to remain in
                           shall be determined by multiplying        the Captive Cervid Herd Certification Program.
                           the required square footage for a         (c) Enrollment application. Each individual holding a current
                           single animal by a factor of 1.5 for      and valid Captivity License for cervids may apply to be enrolled
                           one additional animal and the result      in the Captive Cervid Herd Certification Program.                All
                           by the same factor, successively, for     applications shall be in writing on a form supplied by the
                           each additional animal. The vertical      Commission. The Commission shall deny an application if:
                           dimension for multiple animal                       (1)      the licensee has not complied with all the
                           enclosures shall remain the same as                          requirements under the captivity license
                           for single animal enclosures.                                statutes and all rules pertaining to the holding
                  (E)      Young animals. The young of any                              of cervids in captivity and the transportation or
                           animal may be kept with the parent in                        importation of cervids resulting in a failed
                           a single-animal enclosure only until                         inspection report for the licensee's most recent
                           weaning.      After weaning, if the                          inspection; or a pending citation;
                           animals are kept together, the                      (2)      the licensee has provided false information; or
                           requirements for multiple-animal                    (3)      CWD has been confirmed in a cervid at the
                           enclosures apply.                                            licensee's facility.
                                                                     (d) Enrollment dates. The enrollment date is:
Authority G.S. 19A-11; 106-549.97(b); 113-134; 113-272.5,                      (1)      the first date upon official inspection,
113-272.6.                                                                              documented         by     Wildlife    Resources
                                                                                        Commission and Department of Agriculture
15A NCAC 10H .0304 CAPTIVE CERVID HERD                                                  and Consumer Services personnel, on which
CERTIFICATION PROGRAM                                                                   the licensee has complied with all captivity
(a) The Wildlife Resources Commission has established this                              rules and statutes that pertain to cervids,
Captive Cervid Herd Certification Program in order to prevent                           including tagging, provided that the licensee
the introduction of Chronic Wasting Disease (CWD) into North                            has continued to comply with these
Carolina and reduce the potential for spread of CWD while                               regulations; or
allowing transportation of cervids from herds in which CWD has                 (2)      the date on which a waiver was issued by the
not been detected for at least five years, in accordance with the                       Wildlife Resources Commission Executive
requirements in this Section. Only licensees with Certified                             Director under the conditions set forth in 15A
Herds as defined in Paragraph (e) of this Rule may request to                           NCAC 10A .1101(a) that brought the licensee
expand their pen size to accommodate additional cervids and                             into compliance assuming that there were no
transport cervids within North Carolina for purposes other than                         other compliance actions pending, provided
those specified in 15A NCAC10H .0301(f)(4). Licensees with                              that the licensee has continued to comply with
Certified Herds may also import cervids under the conditions                            the captive cervid regulations.
and restrictions set forth in 15A NCAC 10B .0101. Licensees          This date may be retroactive but may extend back no earlier than
with Certified Herds are also eligible to apply for an importation   the date Wildlife Resources Commission and Department of
waiver as described in 15A NCAC 10A .1101, if necessary. from        Agriculture and Consumer Services personnel documented that
a herd in which CWD has not been detected for at least five          the licensee came into compliance with all captivity rules and
years and has been managed using standards equivalent to, or         statutes related to holding cervids in captivity, including tagging
more stringent than, the criteria specified in 15A NCAC 10H          of all cervids.
.0301 and 15A NCAC 10H .0302. The individual U.S. or                 (e) Certified herd. When a herd is enrolled in the Captive
Mexican state or territory, Canadian province or other country of    Cervid Herd Certification Program, it shall be placed in First
origin must have CWD monitoring requirements that are at least       Year status. If the herd continues to meet the requirements of
as stringent as those described in this Section. The originating     the Captive Cervid Herd Certification Program, each year on the
individual U.S. or Mexican state's or territory's, Canadian          anniversary of the enrollment date the herd status shall be
province's or other country's CWD monitoring program must be         upgraded by one year. One year from the date a herd is placed
jointly reviewed by Wildlife Resources Commission and                in Fifth Year status, the herd status shall be changed to Certified,


26:03                                            NORTH CAROLINA REGISTER                                               August 1, 2011
                                                          134
                                                          PROPOSED RULES

and the herd shall remain in Certified status as long as it is          (b) Permits. The executive director may issue permits to take or
enrolled in the Captive Cervid Herd Certification Program,              possess an endangered, threatened, or special concern species as
provided its status is not lost or suspended without reinstatement      follows:
as described in Paragraph (f).                                                   (1)     To an individual or institution with experience
(f) Herd status                                                                          and training in handling, and caring for the
          (1)      A Certified Herd or any herd enrolled in the                          wildlife and in conducting a scientific study,
                   program shall have its status suspended or                            for the purpose of scientific investigation
                   reduced if:                                                           relevant to perpetuation or restoration of said
                   (A)       the licensee fails to comply with any                       species or as a part of a scientifically valid
                             of the ongoing requirements for                             study or restoration effort;
                             captive cervid licenses as identified in            (2)     To a public or private educator or exhibitor
                             15A NCAC 10H .0301;                                         who demonstrates that he or she has lawfully
                   (B)       the licensee violates any other North                       obtained the specimen or specimens in his or
                             Carolina law or rule related to captive                     her possession, and that he or she possesses
                             cervids;                                                    the requisite equipment and expertise to care
                   (C)       an animal in the herd exhibits clinical                     for such specimen or specimens; specimens
                             signs of CWD;                                               and abides by the caging requirements for the
                   (D)       an animal in the herd can be traced                         species set forth in 15A NCAC 10H .0302;
                             back to a herd with an animal                       (3)     To a person who lawfully possessed any such
                             exhibiting clinical signs of CWD; or                        species for more than 90 days immediately
                   (E)       the herd is quarantined by the State                        prior to the date that such species was listed,
                             Veterinarian.                                               listed and who abides by the caging
          (2)      A Certified Herd or any herd enrolled in the                          requirements for the species set forth in 15A
                   program shall lose its status if:                                     NCAC 10H .0302, provided however, that no
                   (A)       an animal in the herd can be traced                         permit shall be issued more than ninety days
                             back to a herd in which CWD has                             after the effective date of the initial listing for
                             been detected;                                              that species; and
                   (B)       CWD is detected in an animal in the                 (4)     To a person with demonstrable depredation
                             herd; or                                                    from a Special Concern species the Executive
                   (C)       the licensee loses his or her license.                      Director may issue a depredation permit.
The Wildlife Resources Commission shall review cases of                 (c) Taking Without a Permit:
suspended status upon request. A Certified Herd with suspended                   (1)     An individual may take an endangered,
status may regain its status if the licensee corrects within 30 days                     threatened, or special concern species in
the deficiency under which the status was suspended or, in the                           defense of his own life or the lives of others;
case of suspected CWD, the disease was not detected in the                               or
suspect animal.                                                                  (2)     A state or federal conservation officer or
(g) Inspection. If an inspection of the captive cervids is needed                        employee who is designated by his agency to
as a part of certification, including reinstating a suspended                            do so may, when acting in the course of his
status, the licensee is responsible for assembling, handling and                         official duties, take, possess, and transport
restraining the captive cervids and all costs incurred to present                        endangered, threatened, or special concern
the animals for inspection.                                                              species if the action is necessary to:
                                                                                         (A)       aid a sick, injured, diseased or
Authority G.S. 106-549.97(b); 113-134; 113-272.5; 113-272.6;                                       orphaned specimen;
113-274; 113-292.                                                                        (B)       dispose of a dead specimen;
                                                                                         (C)       salvage a dead specimen which may
SUBCHAPTER 10I - ENDANGERED AND THREATENED                                                         be useful for scientific study; or
                   SPECIES                                                               (D)       remove specimens which constitute a
                                                                                                   demonstrable but nonimmediate
 SECTION .0100 - ENDANGERED AND THREATENED                                                         threat to human safety, provided the
                    SPECIES                                                                        taking is done in a humane and
                                                                                                   noninjurious manner; the taking may
15A NCAC 10I .0102          PROTECTION OF                                                          involve      injuring      or      killing
ENDANGERED/THREATENED/SPECIAL CONCERN                                                              endangered, threatened, or special
(a) No Open Season. There shall be no open season for taking                                       concern species only if it is not
any of the species listed as endangered in Rule .0103, threatened                                  reasonably possible to eliminate the
in Rule .0104 or, unless otherwise provided, as special concern                                    threat by live-capturing and releasing
in Rule .0105 of this Subchapter. Except as provided in                                            the specimen unharmed, in a habitat
Paragraphs (b), (c) and (e) of this Rule, it is unlawful to take or                                that is suitable for the survival of that
possess any of such species at any time.                                                           species.


26:03                                               NORTH CAROLINA REGISTER                                               August 1, 2011
                                                             135
                                                          PROPOSED RULES

(d) Reporting. Any taking or possession of an endangered,                                 (B)      Purchase, importation, and possession
threatened, or special concern species under Paragraphs (b) and                                    of special concern species within
(c) of this Rule is subject to applicable reporting requirements of                                North Carolina shall be allowed
federal law and regulations and the reporting requirements of the                                  under permit to state and federal
permit issued by the Executive Director or of 15A NCAC 10B                                         governmental agencies, corporate
.0106(e).                                                                                          research entities, and research
(e) Exceptions.                                                                                    institutions; provided that sales are
          (1)       Notwithstanding any other provisions of this                                   permitted to out of state consumers;
                    Rule, processed meat and other parts of                                        and, provided that they must be
                    American alligators, which have been lawfully                                  possessed in indoor facilities and that
                    taken in a state in which there is an open                                     all transportation of specimens
                    season for harvesting alligators, may be                                       provides safeguards adequate to
                    possessed, bought and sold when such                                           prevent accidental escape; and that
                    products are marketed in packages or                                           the agency's or institution's Animal
                    containers which are distinctly labeled to                                     Use and Care Committee has
                    indicate the state in which they were taken and                                approved the research protocol for
                    the identity, location, and lawful authority of                                this species; and, further provided
                    the processor or distributor;                                                  that no specimens may be stocked or
          (2)       Raptors listed as special concern species in                                   released in the public or private
                    Rule .0105 of this Subchapter may be taken                                     waters or lands of North Carolina and
                    from the wild for falconry purposes and for                                    may not be transferred to any private
                    falconry propagation, provided that a valid                                    individual.
                    North Carolina endangered species permit has
                    been obtained as required in Paragraph (b) of       Authority G.S. 113-134; 113-291.2; 113-291.3; 113-292;
                    this Rule;                                          113-333.
          (3)       Captive-bred raptors listed as special concern
                    species may be bought, sold, bartered or traded     SUBCHAPTER 10J - WILDLIFE CONSERVATION AREA
                    as provided in 50 C.F.R. 21.30 when marked                           REGULATIONS
                    as required under those regulations; and
          (4)       Importation, possession, sales, transportation      15A NCAC 10J .0102           GENERAL REGULATIONS
                    and exportation of species listed as special        REGARDING USE OF CONSERVATION AREAS
                    concern species in Rule .0105 of this               (a) Trespass. Entry on areas posted as Wildlife Conservation
                    Subchapter shall be allowed under permit by         Areas for purposes other than wildlife observation, hunting,
                    retail and wholesale establishments whose           trapping or fishing shall be as authorized by the
                    primary function is providing scientific            landowner.landowner and there shall be no removal of any
                    supplies for research; provided that the            plants or parts thereof, or live or dead nongame wildlife species
                    specimens were lawfully obtained from               or parts thereof, or other materials, without the written
                    captive or wild populations outside of North        authorization of the landowner. On those areas designated and
                    Carolina; and that they must be possessed in        posted as Colonial Waterbird Nesting Areas, entry is prohibited
                    indoor facilities; and that all transportation of   during the period of April 1 through August 31 of each year,
                    specimens provides safeguards adequate to           except by written permission of the landowner. Entry into
                    prevent accidental escape; and that                 Colonial Waterbird Nesting Areas during the period of
                    importation, possession and sale or transfer is     September 1 through March 31 is as authorized by the
                    permitted only as listed in Subparts (e)(4)(A)      landowner.
                    and (B) of this Rule.                               (b) Littering. No person shall deposit any litter, trash, garbage,
                    (A)       A written application to the              or other refuse at any place on any wildlife conservation area
                              Commission is required for a permit       except in receptacles provided for disposal of such refuse. No
                              to authorize importation, and             garbage dumps or sanitary landfills shall be established on any
                              possession for the purpose of retail or   wildlife conservation area by any person, firm, corporation,
                              wholesale sale. The application shall     county or municipality, except as permitted by the landowner.
                              identify the source of the specimens,     (c) Possession of Hunting Devices It is unlawful to possess a
                              and provide documentation of lawful       firearm or bow and arrow Firearms and archery equipment may
                              acquisition. Applications for permits     only be possessed on a designated wildlife conservation area at
                              shall include plans for holding,          any time except during the open hunting seasons or hunting days
                              transportation, advertisement, and        for game birds or game animals thereon except firearms and
                              sale in such detail as to allow a         archery equipment may also be possessed under the following
                              determination of the safeguards           conditions:
                              provided against accidental escape                 (1)       unless such the device is cased or not
                              and sales to unauthorized individuals.                       immediately available for use, or


26:03                                               NORTH CAROLINA REGISTER                                             August 1, 2011
                                                             136
                                                         PROPOSED RULES

         (2)      provided that such devices the device may be                            include trout fishing privileges on designated
                  possessed in designated camping areas for                               wildlife conservation areas.
                  defense of persons and property; property, or        (e) Training Dogs. Dogs shall not be trained on designated
         (3)      and provided further that the device is a.22         wildlife conservation areas except during open hunting seasons
                  caliber pistol pistols with a barrelbarrels not      for game animals or game birds thereon. Dogs are not allowed
                  greater than seven and one-half inches in            to enter any wildlife conservation area designated and posted as
                  length and shooting only short, long, or long        a colonial waterbird nesting area during the period of April 1
                  rifle ammunition may be carried as a side arm        through August 31.
                  arms on designated wildlife conservation areas       (f) Trapping. Subject to the restrictions contained in 15A
                  at any time other than by deer hunters during        NCAC 10B .0110, .0302, and .0303, trapping of fur-bearing
                  the special bow and arrow and muzzle-loading         animals is permitted on any area designated and posted as a
                  firearms deer hunting seasons season, except         wildlife conservation area during the applicable open seasons,
                  under conditions authorized in G.S. 113-             except that trapping is prohibited:
                  291.1(k), or                                                   (1)      on the Nona Pitt Hinson Cohen Wildlife
         (4)      the device is a handgun carried by an                                   Conservation Area in Richmond County; and
                  individual with a valid concealed handgun                      (2)      in posted "safety zones" located on any
                  permit. The individual carrying a handgun                               Wildlife Conservation Area.
                  must adhere to the requirements set forth in         (g) Use of Weapons. No person shall hunt or discharge a
                  North Carolina G.S. 14-415.11, even if the           firearm or bow and arrow from a vehicle, or within 200 yards of
                  state issuing the concealed handgun permit is        any building or designated camping areas, or within, into, or
                  not North Carolina.                                  across a posted "safety zone" on any designated wildlife
This Rule does not prevent possession or use of bow and arrow          conservation area. No person shall hunt with or discharge a
as a licensed special fishing device in those waters where such        firearm within, into, or across a posted "restricted zone" on any
use is authorized. During the closed firearms seasons on big           designated wildlife conservation area.
game (deer, bear, boar, wild turkey), no person shall possess a        (h) Vehicular Traffic. No person shall drive a motorized
shotgun shell larger than No. 4 shot or any rifle or pistol larger     vehicle on a road, trail or area posted against vehicular traffic or
than a .22 caliber rimfire while on a designated wildlife              other than on roads maintained for vehicular use on any
conservation area except that shotgun shells containing any size       designated wildlife conservation area.
steel or non-toxic shot may be used while waterfowl hunting.           (i) Camping. No person shall camp on any designated wildlife
No person shall hunt with or have in possession any shotgun            conservation area except on an area designated by the landowner
shell containing lead or toxic shot while hunting waterfowl on         for camping. On the coastal islands designated wildlife
any area designated as a wildlife conservation area, except            conservation areas, camping is allowed except on those areas
shotgun shells containing lead buckshot may be used while deer         designated and posted as Colonial Waterbird Nesting Areas.
hunting.                                                               (j) Swimming. No person shall swim in the waters located on
(d) License Requirements:                                              designated wildlife conservation areas, except that a person may
         (1)      Hunting and Trapping:                                swim in waters adjacent to coastal island wildlife conservation
                  (A)       Requirement. Except as provided in         areas.
                            Part (d)(1)(B) of this Rule, any           (k) Motorboats. No person shall operate any vessel powered by
                            person entering upon any designated        an internal combustion engine on the waters located on
                            wildlife conservation area for the         designated wildlife conservation areas.
                            purpose of hunting or trapping shall       (l) Non-Highway Licensed Vehicles. It is unlawful to operate
                            have in his possession a game lands        motorized land vehicles not licensed for highway use on
                            use license in addition to the             Wildlife Conservation Areas. Persons who have obtained a
                            appropriate hunting or trapping            permit issued pursuant to G.S. 113-297 are exempt from this
                            licenses.                                  Rule but shall comply with permit conditions.
                  (B)       Exception. A person under 16 years         (m) It is unlawful to possess or consume any type of alcoholic
                            of age may hunt on designated              beverage on public use areas of the Nona Pitt Hinson Cohen
                            wildlife conservation areas on the         Wildlife Conservation Area.
                            license of his parent or legal guardian.   (n) It is unlawful to release animals or birds; domesticated
         (2)      Trout Fishing. Any person 16 years of age or         animals, except hunting dogs and raptors where otherwise
                  over, including an individual fishing with           permitted for hunting or training purposes; and feral animals on
                  natural bait in the county of his residence,         conservation areas without prior written authorization of the
                  entering a designated wildlife conservation          Wildlife Resources Commission.
                  area for the purpose of fishing in designated        (o) Possession and removal. No living or dead nongame
                  public mountain trout waters located thereon         wildlife, fungi, invertebrates, eggs, nests, animal parts, plants,
                  must have in his possession a regular fishing        plant materials, or other materials may be possessed on or
                  license and special trout license. The resident      removed from conservation areas without written permission
                  and nonresident sportsman's licenses and             from the Commission. For purposes of this Rule, "other
                  short-term comprehensive fishing licenses            materials" includes the following: all metals, minerals, rocks,


26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
                                                            137
                                                     PROPOSED RULES

soil, organic debris, buildings, fences, historic artifacts and   Location: District 3, Nash Community College, 522 N Old
water.                                                            Carriage Rd, Rocky Mt, NC 27804
Authority G.S. 113-134; 113-264; 113-270.3; 113-291.2; 113-
291.5; 113-305; 113-306; 113-296; 113-297.                        Reason for Proposed Action:
                                                                  15A NCAC 10C .0205 – Modifies the designations of specified
              ********************                                Public Mountain Trout Waters in Alleghany, Ashe, Avery,
                                                                  Graham, Henderson, Jackson, Madison, McDowell, Mitchell,
Notice is hereby given in accordance with G.S. 150B-21.2 that     Transylvania, Watauga, and Wilkes counties.
the Wildlife Resources Commission intends to amend the rules      15A NCAC 10C .0305 – Modifies creel and size limits in
cited as 15A NCAC 10C .0205, .0305, .0401, .0404, .0503; 10E      specified areas for largemouth, smallmouth, and spotted bass;
.0104.                                                            striped bass; channel, white, and blue catfish; and American
                                                                  shad.
Proposed Effective Date:                                          15A NCAC 10C .0401 – Adds Lake Tillery to the list of
August 1, 2012 – 15A NCAC 10C .0205, .0401, .0404, .0503;         reservoirs where possession of grass carp is prohibited except
10E .0104                                                         those legally taken with bow and arrow. Modifies creel and size
March 1, 2012 – 15A NCAC 10C .0305                                limits in specified areas for channel, white, and blue catfish.
                                                                  15A NCAC 10C .0404 – Allows the take of nongame fishes with
Date: September 6, 2011                                           crossbow and arrow.
Time: 7:00 PM                                                     15A NCAC 10C .0503 – Classifies eleven tributaries of the
Location: District 4, Bladen Community College, 7418 NC           Neuse River, one tributary of the Pamlico River, and one
Highway 41 W, Dublin, NC                                          tributary of the Northeast Cape Fear River as primary nursery
                                                                  areas.
Date: September 7, 2011                                           15A NCAC 10E .0104 – Allows individuals who possess a valid
Time: 7:00 PM                                                     concealed handgun permit to carry that handgun on public
Location: District 5, Alamance County Courthouse, 109 South       fishing and boating access areas. Clarifies the condition for
Maple Street, Graham, NC 27253-2811                               posting size and creel regulations that differ from the general
                                                                  statewide regulation.
Date: September 8, 2011
Time: 7:00 PM                                                     Link to agency website: http://www.wildlife.org
Location: District 6, South Stanly High School, 40488 South
Stanly School Road, Norwood, NC                                   Procedure by which a person can object to the agency on a
                                                                  proposed rule: Objections may be submitted in writing or via
Date: September 13, 2011                                          electronic mail during the comment period ending on September
Time: 7:00 PM                                                     30, 2011 to C. Norman Young, Jr., North Carolina Department
Location: District 8, Municipal Auditorium, 401 College St,       of Justice, SSA 9001 Mail Service Center, Raleigh, North
Morganton, NC 28655-3868                                          Carolina 27699-9001, E-Mail: nyoung@ncdoj.gov.
Date: September 14, 2011
Time: 7:00 PM                                                     Comments may be submitted to: Christian Waters, Wildlife
Location: District 9, Haywood Community College, 185              Resources Commission, 1701 Mail Service Center, Raleigh, NC
Freedlander Drive, Clyde, NC                                      27699-1701, phone (919)707-0223, email
                                                                   christian.waters@ncwildlife.org
Date: September 15, 2011
Time: 7:00 PM                                                     Comment period ends: September 30, 2011
Location: District 7, The Walker Center, Wilkes Community
College, 1328 South Collegiate Drive, Wilkesboro, NC              Procedure for Subjecting a Proposed Rule to Legislative
                                                                  Review: If an objection is not resolved prior to the adoption of
Date: September 20, 2011                                          the rule, a person may also submit written objections to the
Time: 7:00 PM                                                     Rules Review Commission after the adoption of the Rule. If the
Location: District 1, Swain Auditorium, 220 E Church St,          Rules Review Commission receives written and signed
Edenton, NC 27932                                                 objections after the adoption of the Rule in accordance with G.S.
                                                                  150B-21.3(b2) from 10 or more persons clearly requesting
Date: September 21, 2011                                          review by the legislature and the Rules Review Commission
Time: 7:00 PM                                                     approves the rule, the rule will become effective as provided in
Location: District 2, Craven County Courthouse, 302 Broad St,     G.S. 150B-21.3(b1). The Commission will receive written
New Bern, NC 28560                                                objections until 5:00 p.m. on the day following the day the
                                                                  Commission approves the rule. The Commission will receive
Date: September 22, 2011                                          those objections by mail, delivery service, hand delivery, or
Time: 7:00 PM                                                     facsimile transmission. If you have any further questions



26:03                                          NORTH CAROLINA REGISTER                                            August 1, 2011
                                                        138
                                                        PROPOSED RULES

concerning the submission of objections to the Commission,                            Subparagraph (a)(5) of this
please call a Commission staff attorney at 919-431-3000.                              Rule.]
                                                                                           Brush Creek (except
Fiscal Impact:                                                                             where posted against
         State                                                                             trespass)
         Local                                                                             Big Pine Creek
         Substantial Economic Impact (>$500,000)                                           (Big) Glade Creek
         None                                                                              Bledsoe Creek
                                                                                           Pine Swamp Creek
  CHAPTER 10 - WILDLIFE RESOURCES AND WATER                                                South Fork New River
                    SAFETY                                                                 (not trout water)
                                                                                           Prather Creek
SUBCHAPTER 10C - INLAND FISHING REGULATIONS                                                Cranberry Creek
                                                                                           Piney Fork
        SECTION .0200 - GENERAL REGULATIONS                                                Meadow Fork
                                                                                  Yadkin River (not trout water)
15A NCAC 10C .0205 PUBLIC MOUNTAIN TROUT                                              Roaring River (not trout
WATERS                                                                                water)
(a) Designation of Public Mountain Trout Waters. For the                              East Prong Roaring River
purposes of this Rule, artificial lure is defined as a fishing lure                   (that portion on Stone
that neither contains nor has been treated by any substance that                      Mountain        State    Park)
attracts fish by the sense of taste or smell. Natural bait is                         [Delayed               Harvest
defined as any living or dead organism (plant or animal), or parts                    Regulations apply.        See
thereof, or prepared substances designed to attract fish by the                       Subparagraph (a)(5) of this
sense of taste or smell. The waters listed herein or in 15A                           Rule.]
NCAC 10D .0104 are designated as Public Mountain Trout                   (B)   Ashe County:
Waters and further classified as Wild Trout Waters or Hatchery                    New River (not trout waters)
Supported Waters.           For specific classifications, see                         North Fork New River
Subparagraphs (1) through (6) of this Paragraph. These waters                         (Watauga County line to
are posted and lists thereof are filed with the clerks of superior                    Sharp Dam)
court of the counties in which they are located:                                           Helton Creek (Virginia
          (1)     Hatchery Supported Trout Waters. The listed                              State line to New River)
                  waters in the counties in Subparagraphs                                  [Delayed          Harvest
                  (a)(1)(A) through (Y) are classified as                                  Regulations apply. See
                  Hatchery Supported Public Mountain Trout                                 Subparagraph (a)(5) of
                  Waters.      Where specific watercourses or                              this Rule.]
                  impoundments are listed, indentation indicates                           Big Horse Creek (Mud
                  that the watercourse or impoundment listed is                            Creek at SR 1363 to
                  tributary to the next preceding watercourse or                           confluence with North
                  impoundment listed and not so indented. This                             Fork      New      River)
                  classification applies to the entire watercourse                         [Delayed          Harvest
                  or impoundment listed except as otherwise                                Regulations apply to
                  indicated in parentheses following the listing.                          portion between SR
                  Other clarifying information may also be                                 1324 bridge and North
                  included parenthetically. The tributaries of                             Fork New River. See
                  listed watercourses or impoundments are not                              Subparagraph (a)(5) of
                  included in the classification unless                                    this Rule.]
                  specifically set out therein.                                            Buffalo            Creek
                  (A)       Alleghany County:                                              (headwaters to junction
                                New River (not trout water)                                of NC 194-88 and SR
                                     Little River (Whitehead to                            1131)
                                     McCann Dam) [Delayed                                  Big Laurel Creek
                                     Harvest Regulations apply to                          Three      Top     Creek
                                     portion between Whitehead                             (portion not on game
                                     and a point 275 yards                                 lands)
                                     downstream         of      the                   South Fork New River (not
                                     intersection of SR 1128 and                      trout waters)
                                     SR 1129 as marked by a sign                           Cranberry          Creek
                                     on each bank.             See                         (Alleghany County line


26:03                                             NORTH CAROLINA REGISTER                          August 1, 2011
                                                           139
                                         PROPOSED RULES

                          to South Fork New                             water, see Subparagraph
                          River)                                        (a)(2) of this Rule.]
                          Nathans Creek                                 Cary Flat Branch [not
                          Peak Creek (headwaters                        Hatchery Supported trout
                          to Trout Lake, except                         water, see Subparagraph
                          Blue Ridge Parkway                            (a)(2) of this Rule.]
                          waters)                                            Boyde Coffey Lake
                          Trout Lake [Delayed                       Linville River [Land Harbor line
                          Harvest       Regulations                     (below dam) to Blue Ridge
                          apply.                See                     Parkway boundary line,
                          Subparagraph (a)(5) of                        except where posted against
                          this Rule.]                                   trespass]
                          Roan Creek                                    Milltimber Creek
                          Beaver Creek                    (D)   Buncombe County:
                          Pine Swamp Creek (all                     French Broad River (not trout
                          forks)                                        water)
                          Old Fields Creek                                   Ivy Creek (Ivy River)
                          Mill Creek (except                                 (Dillingham Creek to
                          where posted against                               US 19-23 bridge)
                          trespass)                                          Dillingham         Creek
        (C)   Avery County:                                                  (Corner Rock Creek to
                 Nolichucky River (not trout                                 Ivy Creek)
                     waters)                                                 Stony Creek
                     North Toe River (headwaters                             Corner Rock Creek
                     to Mitchell County line,                                (including tributaries,
                     upper (Watauga St. to Roby                              except Walker Branch)
                     Shoemaker Wetlands and                         Reems Creek (Sugar Camp Fork
                     Family Recreational Park,                          to US 19-23 bridge, except
                     except where posted against                        where       posted     against
                     trespass)                                          trespass)
                     North Toe River-lower (Sr                          Swannanoa River (SR 2702
                     1164 to Mitchell Co. line,                         bridge near Ridgecrest to
                     except where posted against                        Wood       Avenue      Bridge,
                     trespass)                                          intersection of NC 81W and
                               Squirrel Creek                           US 74A in Asheville, except
                     Elk River (SR 1305 crossing                        where       posted     against
                     immediately upstream of Big                        trespass)
                     Falls to the Tennessee State                       Bent Creek (headwaters to
                     line, including portions of                        N.C. Arboretum boundary
                     tributaries on game lands)                         line, including portions of
                     Wildcat Lake                                       tributaries on game lands)
                     Catawba River (not trout                                     Lake Powhatan
                     water)                                             Cane Creek (headwaters to
                          Johns River (not trout                        SR 3138 bridge)
                          water)                          (E)   Burke County:
                          Wilson      Creek    [not                 Catawba River (Muddy Creek to
                          Hatchery       Supported                      the City of Morganton water
                          trout      water,     see                     intake      dam)      [Special
                          Subparagraph (a)(2) of                        Regulations apply.         See
                          this Rule.]                                   Subparagraph (a)(7) of this
                               Lost Cove Creek                          Rule.]
                               [not       Hatchery                      South Fork Catawba River
                               Supported      trout                     (not trout water)
                               water,           see                          Henry Fork (lower
                               Subparagraph (a)(4)                           South Mountains State
                               of this Rule.]                                Park line downstream to
                     Buck Timber Creek [not                                  SR 1919 at Ivy Creek)
                     Hatchery Supported trout                                     Jacob Fork (Shinny
                                                                                  Creek to lower


26:03                              NORTH CAROLINA REGISTER                           August 1, 2011
                                            140
                                             PROPOSED RULES

                                South       Mountain                              Joes Creek (first falls
                                State              Park                           upstream of SR 1574 to
                                boundary) [Delayed                                confluence with Buffalo
                                Harvest                                           Creek)
                                Regulations apply.            (G)   Cherokee County:
                                See Subparagraph                        Hiwassee River (not trout water)
                                (a)(5) of this Rule.]                        Shuler Creek (Joe Brown
                      Johns River (not trout water)                          Highway (SR 1325) bridge
                                Parks            Creek                       to Tennessee line)
                      (portion not on game lands                             Davis Creek (confluence of
                      not trout water)                                       Bald and Dockery creeks to
                                Carroll          Creek                       Hanging Dog Creek)
                      (game lands portion above                              Valley River (headwaters to
                      SR        1405         including                       US 19 business bridge in
                      tributaries)                                           Murphy)
                      Linville      River      (portion                                Hyatt           Creek
                      within       Linville      Gorge                       (including       portions     of
                      Wilderness Area, including                             tributaries on game lands)
                      tributaries,    and       portion                                Junaluska       Creek
                      below         Lake         James                            (Ashturn      Creek      to
                      powerhouse from upstream                                    Valley River, including
                      bridge on SR 1223 to Muddy                                  portions of
                      Creek)                                                           tributaries on game
        (F)   Caldwell County:                                                    lands)
                  Catawba River (not trout water)             (H)   Clay County:
                      Johns River (not trout water)                     Hiwassee River (not trout water)
                           Wilson Creek (game                                Fires Creek (foot bridge in
                           lands                portion                      the US Forest Service Fires
                           downstream of Lost                                Creek Picnic Area to SR
                           Cove Creek to Brown                               1300)
                           Mountain Beach dam,                               Tusquitee Creek (headwaters
                           except where posted                               to lower SR 1300 bridge)
                           against            trespass)                      Nantahala River (not trout
                           [Delayed            Harvest                       water)
                           Regulations apply to                                        Buck Creek (game
                           game lands portion                                land portion downstream of
                           between Lost Cove                                 US 64 bridge)
                           Creek      and       Phillips      (I)   Graham County:
                           Branch.                  See                 Little Tennessee River (not trout
                           Subparagraph (a)(5) of                            water)
                           this Rule.)                                       Calderwood            Reservoir
                                Estes Mill Creek                             (Cheoah Dam to Tennessee
                      (not trout water)                                      State line)
                      Mulberry Creek (portion not                            Cheoah River (not trout
                      on game lands not trout                                water)
                      water)                                                           Yellow Creek
                           Boone       Fork        [not                           Santeetlah       Reservoir
                           Hatchery         Supported                        (not trout water)
                           trout water.             See                                West Buffalo Creek
                           Subparagraph (a)(2) of                                      Little        Buffalo
                           this Rule.]                                                 Creek
                                Boone Fork Pond                                        Santeetlah      Creek
                  Yadkin River (Happy Valley                                           (Johns Branch to
                      Ruritan Community Park to                                        mouth       including
                      SR 1515)                                                         portions            of
                      Buffalo Creek (mouth of                                          tributaries     within
                      Joes Creek to McCloud                                            this section located
                      Branch)                                                          on game lands,
                                                                                       excluding       Johns


26:03                                 NORTH CAROLINA REGISTER                             August 1, 2011
                                               141
                                          PROPOSED RULES

                                Branch and Little                French Broad River (not trout water)
                                Santeetlah Creek)                    Cane Creek (SR 1551 bridge to
                                (Big)       Snowbird                 US 25 bridge)
                                Creek (old railroad                  Mud Creek (not trout water)
                                junction to SR 1127                       Clear Creek (SR 1591 bridge
                                bridge,     including                at Jack Mountain Lane to SR
                                portions           of                1582)
                                tributaries on game                  Mills River (not trout water)
                                lands)                                    North Fork Mills River
                                Mountain        Creek                     (game lands portion below
                      (game lands boundary to SR                          the            Hendersonville
                      1138 bridge)                                        watershed dam). [Delayed
                                Long            Creek                     Harvest Regulations apply.
                      (portion not on game lands)                         See Subparagraph (a)(5) of
                                Tulula          Creek                     this Rule.]
                      (headwaters to lower bridge          (L)   Jackson County:
                      on SR 1275)                                    Tuckasegee River (confluence
                           Cheoah Reservoir                          with West Fork Tuckasegee
                           Fontana Reservoir (not                    River to SR 1534 bridge at
                      trout water)                                   Wilmot)       [Delayed    Harvest
                                Stecoah Creek                        Regulations apply to that portion
                                Panther         Creek                between the downstream NC 107
                      (including      portions     of                bridge and the falls located 275
                      tributaries on game lands)                     yards upstreams of US 23-441
        (J)   Haywood County:                                        bridge as marked by a sign on
                 Pigeon River (Stamey Cove                           each bank. See Subparagraph
                      Branch to upstream US 19-                      (a)(5) of this Rule.]
                      23 bridge)                                     Scott Creek (entire stream,
                      Cold        Springs       Creek                except where posted against
                      (including      portions     of                trespass)
                      tributaries on game lands)                          Dark Ridge Creek (Jones
                      Jonathan Creek (upstream                       Creek to Scotts Creek)
                      SR 1302 bridge to Pigeon                       Savannah Creek (Headwaters to
                      River, except where posted                     Bradley's Packing House on NC
                      against trespass)                              116)
                      Richland       Creek      (Russ                     Greens Creek (Greens Creek
                      Avenue (US 276) bridge to                      Baptist Church on SR 1730 to
                      US 23-74 bridge)                               Savannah Creek)
                      West Fork Pigeon River                         Cullowhee Creek (Tilley Creek
                      (Tom Creek to the first game                   to Tuckasegee River)
                      land boundary upstream of                      Cedar Cliff Lake
                      Lake      Logan)      [Delayed                 Bear Creek Lake
                      Harvest Regulations apply to                   Wolf Creek [not Hatchery
                      the portion from Queen                         Supported trout water, see
                      Creek to the first game land                   Subparagraph (a)(2) of this
                      boundary upstream of Lake                      Rule.]
                      Logan. See Subparagraph                             Wolf Creek Lake
                      (a)(5) of this Rule.]                               Balsam Lake
        (K)   Henderson County:                                      Tanasee Creek [not Hatchery
                 (Rocky) Broad River (Rocky                          Supported trout water, see
                 River Lane to Rutherford County                     Subparagraph (a)(2) of this
                 line)                                               Rule.]
                 Green River - upper (mouth of                            Tanasee Creek Lake
                 Joe Creek to mouth of Bobs                (M)   Macon County:
                 Creek)                                              Little Tennessee River (not trout
                 Green River - lower (Lake                                water)
                 Summit Dam to I-26 bridge)                               Nantahala River (Nantahala
                      (Big) Hungry River                                  Dam to Swain County line)
                           Little Hungry River                            [Delayed             Harvest


26:03                               NORTH CAROLINA REGISTER                           August 1, 2011
                                             142
                                         PROPOSED RULES

                     Regulations apply to the                          Subparagraph (a)(5) of this
                     portion from         Whiteoak                     Rule.]
                     Creek to the Nantahala                                 Spillcorn Creek (entire
                     hydropower discharge canal.                       stream,             excluding
                     See Subparagraph (a)(5) of                        tributaries)
                     this Rule.]                                            Shelton Laurel Creek
                     Queens Creek Lake                                      (confluence of Big
                     Burningtown              Creek                         Creek and Mill Creek to
                     (including      portions    of                         NC 208 bridge at Belva)
                     tributaries on game lands)                             Shelton Laurel Creek
                     Cullasaja River Sequoyah                               (NC 208 bridge at Belva
                     Dam to US 64 bridge near                               to the confluence with
                     junction of SR 1672,                                   Big     Laurel    Creek)
                     including       portions    of                         [Delayed         Harvest
                     tributaries on game lands,                             Regulations apply. See
                     excluding those portions of                            Subparagraph (a)(5) of
                     Buck Creek and Turtle Pond                             this Rule.]
                     Creek on game lands. [Wild                                  Mill          Creek
                     Trout Regulations apply.                                    (headwaters      to
                     See Subparagraphs (a)(2)                                    confluence     with
                     and (a)(6) of this Rule.]                                   Big Creek)
                          Skitty Creek                                           Puncheon       Fork
                               Cliffside Lake                          (Hampton Creek to Big
                          Cartoogechaye       Creek                    Laurel Creek)
                     (downstream US 64 bridge                          Big Pine Creek (SR 1151
                     to Little Tennessee River)                    bridge to French Broad River)
        (N)   Madison County:                                          Ivy Creek (not trout waters)
                 French Broad River (not trout                         Little Ivy Creek (confluence
                     water)                                            of Middle Fork and Paint
                     Shut-In Creek (including                          Fork at Beech Glen to
                     portions of tributaries on                        confluence with Ivy Creek at
                     game lands)                                       Forks of Ivy)
                     Spring Creek upper (junction         (O)   McDowell County:
                     of NC 209 and NC 63 to US                     Catawba River – upper (Catawba
                     Forest Service road 223)                          Falls Campground to Old
                     Spring Creek-lower (NC 209                        Fort Recreation Park)
                     bridge at Hot Springs city                    Catawba River – lower (portion
                     limits to iron bridge at end                      adjacent       to      Marion
                     of      Andrews       Avenue)                     Greenway)            [Delayed
                     [Delayed               Harvest                    Harvest Regulations apply.
                     Regulations apply.         See                    See Subparagraph (a)(5) of
                     Subparagraph (a)(5) of this                       this Rule.]
                     Rule.]                                            Buck Creek (portion not on
                          Meadow Fork Creek                            game lands, not trout water)
                               Roaring         Fork                         Little    Buck     Creek
                     (including      portions    of                    (game land portion including
                     tributaries on game lands)                        portions of tributaries on
                               Little Creek                            game
                          Max Patch Pond                                    lands)
                     Big Laurel Creek (Mars Hill                       Curtis Creek game lands
                     Watershed boundary to the                         portion downstream of US
                     SR 1318 bridge, also known                        Forest Service boundary at
                     as Big Laurel Road bridge,                        Deep Branch. [Delayed
                     downstream of Bearpen                             Harvest Regulations apply.
                     Branch)                                           See Subparagraph (a)(5) of
                     Big Laurel Creek (NC 208                          this Rule.]
                     bridge to US 25-70 bridge)                        North Fork Catawba River
                     [Delayed               Harvest                    (headwaters to SR 1569
                     Regulations apply.         See                    bridge)


26:03                              NORTH CAROLINA REGISTER                          August 1, 2011
                                            143
                                          PROPOSED RULES

                            Armstrong Creek (Cato                    (Rocky) Broad River (Henderson
                       Holler line downstream to                     County line to US 64/74 bridge,
                       upper Greenlee line)                          except where posted against
                       Mill Creek (upper railroad                    trespass)
                       bridge to I 40 bridge, except       (S)   Stokes County:
                       where       posted    against                 Dan River (Virginia State line
                       trespass) [Delayed Harvest                downstream to a point 200 yards
                       Regulations apply to that                 below the end of SR 1421)
                       portion between US 70               (T)   Surry County:
                       bridge and I 40 bridge. See                   Yadkin River (not trout water)
                       Subparagraph (a)(5) of this                        Ararat River (SR 1727
                       Rule.]                                             bridge downstream to the
        (P)   Mitchell County:                                            NC 103 bridge)
                  Nolichucky River (not trout                             Araat River (NC 103 bridge
                       water)                                             to US 52 bridge) [Delayed
                       Big Rock Creek (headwaters                         Harvest Regulations apply.
                       to NC 226 bridge at SR 1307                        See Subparagraph (a)(5) of
                       intersection)                                      this Rule.]
                            Little    Rock    Creek                            Stewarts Creek (not
                            (Green Creek Bridge to                        trout water)
                            Big Rock Creek, except                                  Pauls           Creek
                            where posted against                                    (Virginia State line
                            trespass)                                               to 0.3 mile below
                       Cane Creek (SR 1219 to NC                                    SR 1625 bridge -
                       226 bridge)                                                  lower          Caudle
                       Cane Creek (NC 226 bridge                                    property line)
                       to NC 80 bridge) (SR 1219                                    Fisher          River
                       to SR 1278 bridge) [Delayed                        (Cooper Creek) (Virginia
                       Harvest Regulations apply to                       State line to Interstate 77)
                       that portion from NC 226                                     Little Fisher River
                       bridge to SR 1278 bridge.                          (Virginia State line to NC 89
                       See Subparagraph (a)(5) of                         bridge)
                       this Rule.]                                        Mitchell River (0.6 mile
                       Grassy Creek (East Fork                            upstream of the end of SR
                       Grassy Creek to mouth)                             1333 to the SR 1330 bridge
                            East Fork Grassy Creek                        below Kapps Mill Dam)
                       North Toe River (Avery                             [Delayed                Harvest
                       County line to SR 1121                             Regulations apply.          See
                       bridge)                                            Subparagraph (a)(5) of this
                       North Toe River (US 19E                            Rule.]
                       bridge to NC 226 bridge)            (U)   Swain County:
                       [Delayed             Harvest                  Little Tennessee River (not trout
                       Regulations apply.        See                      water)
                       Subparagraph (a)(5) of this                        Calderwood            Reservoir
                       Rule.]                                             (Cheoah Dam to Tennessee
        (Q)   Polk County:                                                State line)
                  Broad River (not trout water)                           Cheoah Reservoir
                       North Pacolet River (Joels                         Fontana Reservoir (not trout
                       Creek to NC 108 bridge)                            water)
                       Green River (Fishtop Falls                              Alarka Creek (game
                       Access Area to the natural                              lands     boundary      to
                       gas      pipeline   crossing)                           Fontana Reservoir)
                       [Delayed             Harvest                            Nantahala River (Macon
                       Regulations apply to the                                County line to existing
                       portion from Fishtop Falls                              Fontana Reservoir water
                       Access Area to Cove Creek.                              level)
                       See Subparagraph (a)(5) of                         Tuckasegee River (not trout
                       this Rule.]                                        water)
        (R)   Rutherford County:


26:03                               NORTH CAROLINA REGISTER                            August 1, 2011
                                             144
                                           PROPOSED RULES

                           Deep Creek (Great                              Middle Fork New River
                           Smoky          Mountains                       (Lake Chetola Dam to South
                           National Park boundary                         Fork New River)
                           line to Tuckasegee                         Yadkin River (not trout water)
                           River)                                         Stony Fork (headwaters to
                           Connelly            Creek                      Wilkes County line)
                           (including portions of                         Elk Creek (headwaters to
                           tributaries on game                            gravel pit on SR 1508, (SR
                           lands)                                         1510 bridge at Triplett to
        (V)   Transylvania County:                                        Wilkes County line, except
                  French Broad River (junction of                         where       posted    against
                      west and north forks to US                          trespass)
                      276 bridge) (confluence of                      Watauga River (adjacent to the
                      North Fork French Broad                             intersection of SR 1557 and
                      River and West Fork French                          SR 1558 to NC 105 bridge
                      Broad River to the Island                           and SR 1114 bridge to NC
                      Ford Road (SR 1110)                                 194 bridge at Valle Crucis).
                      Access Area)                                        [Delayed             Harvest
                      Davidson River (Avery                               Regulations apply.        See
                      Creek to lower US Forest                            Subparagraph (a)(5) of this
                      Service boundary line)                              Rule.]
                      East Fork French Broad                          Beech Creek
                      River (Glady Fork to French                         Buckeye Creek Reservoir
                      Broad      River)     [Delayed                      Buckeye Creek (Buckeye
                      Harvest Regulations apply.                          Creek Reservoir dam to
                      See Subparagraph (a)(5) of                          Grassy Gap Creek)
                      this Rule.]                                         Coffee      Lake    [Delayed
                      Little River (confluence of                         Harvest Regulations apply.
                      Lake Dense outflow to 100                           See Subparagraph (a)(5) of
                      yards downstream of Hooker                          this Rule.]
                      Falls) [Delayed Harvest                             Beaverdam              Creek
                      Regulations apply.         See                      (confluence of Beaverdam
                      Subparagraph (a)(5) of this                         Creek and Little Beaverdam
                      Rule.]                                              Creek to an unnamed
                      Middle Fork French Broad                            tributary adjacent to the
                      River                                               intersection of SR 1201 and
                      West Fork French Broad                              SR 1203)
                      River (SR 1312 and SR 1309                      Laurel Creek
                      intersection to junction of                     Cove Creek (SR 1233 bridge at
                      west and north forks,                               Zionville to SR 1233 bridge
                      including       portions     of                     at Amantha)
                      tributaries within this section                 Dutch Creek (second bridge on
                      located on game lands)                              SR 1134 to mouth)
        (W)   Watauga County:                               (X)   Wilkes County:
                  New River (not trout waters)                        Yadkin River (not trout water)
                      North Fork New River (from                          Roaring River (not trout
                      confluence with Maine and                           water)
                      Mine branches to Ashe                                    East Prong Roaring
                      County line)                                             River (Bullhead Creek
                      Maine Branch (headwaters                                 to Brewer's Mill on SR
                      to North Fork New River)                                 1943) [Delayed Harvest
                           South New Fork River                                Regulations apply to
                      (not trout water)                                        portion     on    Stone
                           Meat Camp Creek                                     Mountain State Park.
                                Norris Fork Creek                              See Subparagraph (a)(5)
                           Howard              Creek                           of this Rule.]
                      (downstream from lower                                        Stone     Mountain
                      falls)                                                        Creek     [Delayed
                                                                                    Harvest


26:03                               NORTH CAROLINA REGISTER                           August 1, 2011
                                             145
                                PROPOSED RULES

                     Regulations apply.                                 Regulations apply.        See
                     See Subparagraph                                   Subparagraph (a)(5) of this
                     (a)(5) of this Rule.]                              Rule.]
           Middle Prong Roaring River                                   Elk Creek – lower (portion
           (headwaters to second bridge                                 on Leatherwood Mountains
           on SR 1736)                                                  development)         [Delayed
                Bell Branch Pond                                        Harvest Regulations apply.
                Boundary Line Pond                                      See Subparagraph (a)(5) of
           West Prong Roaring River                                     this Rule.]
           (not trout waters)                       (Y)       Yancey County:
                Pike Creek                                         Nolichucky River (not trout
                     Pike Creek Pond                                    water)
           Cub Creek (0.5 miles                                         Cane River [Bee Branch (SR
           upstream of SR 2460 bridge                                   1110) to Bowlens Creek]
           to SR 1001 bridge)                                           Bald      Mountain      Creek
           Reddies River (Town of                                       (except portions posted
           North Wilkesboro water                                       against trespass)
           intake dam to confluence                                          Indian Creek (not trout
           with Yadkin River) [Delayed                                  water)
           Harvest Regulations apply.                                             Price         Creek
           See Subparagraph (a)(5) of                                   (junction of SR 1120 and SR
           this Rule.]                                                  1121 to Indian Creek)
                Middle Fork Reddies                                     North Toe River (not trout
           River       (Clear       Prong)                              water)
           (headwaters to bridge on SR                                  South Toe River (Clear
           1580)                                                        Creek to lower boundary
                     South Fork Reddies                                 line of Yancey County
                     River (headwaters                                  recreation park except where
                     to confluence with                                 posted against trespass)
                     Middle           Fork    (2)   Wild Trout Waters. All waters designated as
                     Reddies River)                 Public Mountain Trout Waters on the game
                     North Fork Reddies             lands listed in Subparagraph (b)(2) of 15A
                     River        (Vannoy           NCAC 10D .0104, are classified as Wild Trout
                     Creek) (headwaters             Waters unless specifically classified otherwise
                     to Union School                in Subparagraph (a)(1) of this Rule. The trout
                     bridge on SR 1559)             waters listed in this Subparagraph are also
                          Darnell Creek             classified as Wild Trout Waters.
                          (North Prong              (A)       Alleghany County:
                          Reddies River)                      Big Sandy Creek (portion on Stone
                          (downstream                              Mountain State Park)
                          ford on SR                          Stone Mountain Creek (that portion
                          1569           to                        on Stone Mountain State Park)
                          confluence                (B)       Ashe County:
                          with       North                    Big Horse Creek (Virginia State Line
                          Fork Reddies                        to Mud Creek at SR 1363) [Catch and
                          River)                              Release/Artificial       Lures     Only
        Lewis Fork Creek (not trout                           Regulations apply. See Subparagraph
           water)                                             (a)(3) of this Rule.]
           South Prong Lewis Fork                             Unnamed tributary of Three Top
           (headwaters to Lewis Fork                          Creek (portion located on Three Top
           Baptist Church)                                    Mountain Game Land) [Catch and
                Fall    Creek      (except                    Release/Artificial       Lures     Only
           portions posted against                            Regulations apply. See Subparagraph
           trespass)                                          (a)(3) of this Rule.]
           Elk Creek – upper (Watauga               (C)       Avery County:
           County line to lower                               Birchfield Creek (entire stream)
           boundary of Reynolds Blue                          Cow Camp Creek (entire stream)
           Ridge            development)                      Cranberry Creek (headwaters to US
           [Delayed                Harvest                         19E/NC 194 bridge)


26:03                     NORTH CAROLINA REGISTER                                  August 1, 2011
                                   146
                                           PROPOSED RULES

              Elk Hollow Branch (entire stream)                   Dockery Creek (game land portions,
              Elk River (portion on Lees-McRae                    including         tributaries)    [Wild
                   College property, excluding the                Trout/Natural          Bait      Waters
                   millpond)          [Catch      and             Regulations apply. See Subparagraph
                   Release/Artificial Flies Only                  (a)(6) of this Rule.]
                   Regulations       apply.       See             North Shoal Creek (game land
                   Subparagraph (a)(4) of this                    portions, including tributaries) [Wild
                   Rule.]                                         Trout/Natural          Bait      Waters
              Gragg Prong (entire stream)                         Regulations apply. See Subparagraph
              Horse Creek (entire stream)                         (a)(6) of this Rule.]
              Jones Creek (entire stream)                   (H)   Graham County:
              Kentucky Creek (entire stream)                      Franks Creek (entire stream) [Wild
              North Harper Creek (entire stream)                  Trout/Natural          Bait      Waters
              Plumtree Creek (entire stream)                      Regulations apply. See Subparagraph
              Roaring Creek (entire stream)                       (a)(6) of this Rule.]
              Rockhouse Creek (entire stream)                     Little Buffalo Creek (entire stream)
              Shawneehaw Creek (portion adjacent                  South Fork Squally Creek (entire
                   to Banner Elk Greenway)                                  stream)
              South Harper Creek (entire stream)                  Squally Creek (entire stream)
              Webb Prong (entire stream)                    (I)   Haywood County
              Wilson        Creek       [Catch    and             Hemphill Creek [Wild Trout/Natural
                   Release/Artificial Lures Only                  Bait Waters Regulations apply. See
                   Regulations       apply.       See             Subparagraph (a)(6) of the Rule.]
                   Subparagraph (a)(3) of this                    Hurricane Creek (including portions
                   Rule.]                                         of tributaries on game lands) [Wild
        (D)   Buncombe County:                                    Trout/Natural          Bait      Waters
              Carter Creek (game land portion)                    Regulations apply. See Subparagraph
                   [Catch and Release/Artificial                  (a)(6) of this Rule.]
                   Lures only Regulations apply.            (J)   Jackson County:
                   See Subparagraph (a)(3) of this                Buff Creek (entire stream) [Wild
                   Rule.]                                         Trout/Natural          Bait      Waters
        (E)   Burke County:                                       Regulations apply. See Subparagraph
              All waters located on South Mountain                (a)(6) of this Rule.]
                   State Park, except the main                    Gage Creek (entire stream)
                   stream of Jacob Fork                           North Fork Scott Creek (entire
              Between the mouth of Shinny Creek                        stream)
              and the lower park boundary where                   Shoal Creek (Glenville Reservoir
              Delayed Harvest Regulations apply,                  pipeline       to      mouth)     [Wild
              and Henry Fork and tributaries where                Trout/Natural          Bait      Waters
              Catch and Release/Artificial Lures                  Regulations apply. See Subparagraph
              Only Regulations apply.             See             (a)(6) of this Rule.]
              Subparagraphs (a)(3) and (a)(5) of                  Tanasee Creek (entire stream)
              this Rule.                                          West Fork Tuckasegee River (Shoal
              Nettle Branch (game land portion)                   Creek to existing water level of Little
        (F)   Caldwell County:                                    Glenville Lake) [Wild Trout/Natural
              Buffalo Creek (Watauga County line                  Bait Waters Regulations apply. See
              to Long Ridge Branch including                      Subparagraph (a)(6) of this Rule.]
              tributaries on game lands)                          Whitewater River (downstream from
              Joes Creek (Watauga County line to                  Silver Run Creek to South Carolina
                   first falls upstream of the end of             State line)
                   SR 1574)                                       Wolf Creek (entire stream, except
              Rockhouse Creek (entire stream)                          Balsam Lake and Wolf Creek
        (G)   Cherokee County:                                         Lake)
              Bald Creek (game land portions,               (K)   Madison County:
              including         tributaries)    [Wild             Big Creek (headwaters to the lower
              Trout/Natural          Bait      Waters             game land boundary, including
              Regulations apply. See Subparagraph                 tributaries) [Wild Trout/Natural Bait
              (a)(6) of this Rule.]                               Waters Regulations apply.           See
                                                                  Subparagraph (a)(6) of this Rule.]


26:03                               NORTH CAROLINA REGISTER                            August 1, 2011
                                             147
                                           PROPOSED RULES

        (L)   Mitchell County:                                           Big Sandy Creek (portion on Stone
              Green Creek (headwaters to Green                                Mountain State Park)
                   Creek Bridge, except where                            Dugger Creek (portions on Reynolds
                   posted against trespass)                              Blue Ridge development, including
              Little Rock Creek (headwaters to                           tributaries. Anglers must check in at
                   Green Creek Bridge, including                         the development security office on
                   all tributaries, except where                         Triplett Road prior to fishing) [Catch
              posted against trespass)                                   and Release/Artificial Lure Only
              Wiles Creek (game land boundary to                         Trout Waters Regulations apply. See
                   mouth)                                                Subparagraph (a)(3) of this Rule.]
        (M)   Transylvania County:                                       Garden Creek (portion on Stone
              All waters located on Gorges State                              Mountain State Park)
              Park                                                       Harris Creek and tributaries (portions
              Whitewater River (downstream from                               on Stone Mountain State Park)
              Silver Run Creek to South Carolina                              [Catch and Release
              State line)                                                Artificial Lures Only Regulations
        (N)   Watauga County:                                                 apply. See Subparagraph (a)(4)
              Dugger Creek (portions on Reynolds                              of this Rule.]
              Blue Ridge development, including                          Widow Creek (portion on Stone
              tributaries. Anglers must check in at                           Mountain State Park)
              the development security office on              (P)        Yancey County:
              Triplett Road prior to fishing) [Catch                     Cattail Creek (Bridge at Mountain
              and Release/Artificial Lure Only                           Farm Community Road (Private) to
              Trout Waters Regulations apply. See                        NC 197 bridge)
              Subparagraph (a)(3) of this Rule.]                         Lickskillet Creek (entire stream)
              Dutch Creek (headwaters to second                          Middle Creek (game land boundary
                   bridge on SR 1134)                                         to mouth)
              Howards Creek (headwaters to lower        (3)   Catch and Release/Artificial Lures Only Trout
                   falls)                                     Waters. Those portions of designated wild
              Laurel Creek (portions on Reynolds              trout waters as listed in this Subparagraph,
              Blue Ridge development, and Powder              including tributaries except as noted, are
              Horn        Mountain      developments,         further       classified     as     Catch     and
              including tributaries. Anglers fishing          Release/Artificial Lures Only waters. Only
              the upper section of Laurel Creek               artificial lures having one single hook may be
              must check in at the development                used. No trout may be harvested or be in
              Reynolds Blue Ridge security office             possession while fishing these streams:
              on     Triplett     Road      prior  to         (A)        Ashe County:
              fishing)fishing. Anglers fishing the                       Big Horse Creek (Virginia State line
              lower section of Laurel Creek must                         to Mud Creek at SR 1363 excluding
              access the creek from the parking                          tributaries)
              area on Powder Horn Mountain                               Unnamed tributary of Three Top
              property adjacent to Laurel Creek on                            Creek (portion located on Three
              Triplett      Road.)      [Catch    and                         Top Mountain Game
              Release/Artificial Lure Only Trout                         Lands)
              Waters Regulations apply.           See         (B)        Avery County:
              subparagraph (a)(3) of this Rule.]                         Wilson Creek (game land portion)
              Pond Creek (headwaters to Locust                (C)        Buncombe County:
              Ridge Road bridge, excluding the                           Carter Creek (game land portion)
              pond adjacent to Coffee Lake) [Catch            (D)        Burke County:
              and Release/Artificial Lure Only                           Henry Fork (portion on South
              Trout Waters Regulations Apply. See                        Mountains State Park)
              Subparagraph (a)(3) of this Rule.]              (E)        Jackson County:
              Watauga River (Avery County line to                        Flat Creek
                   steel bridge at Riverside Farm                        Tuckasegee River (upstream of
                   Road)                                                      Clarke property)
              Winkler Creek (lower bridge on SR               (F)        McDowell County:
                   1549 to confluence with South                         Newberry Creek (game land portion)
                   Fork New River)                            (G)        Watauga County:
        (O)   Wilkes County:


26:03                               NORTH CAROLINA REGISTER                                  August 1, 2011
                                             148
                                                    PROPOSED RULES

                         Dugger Creek (portions on Reynolds          Between 1 October and one-half hour after
                         Blue Ridge development, including           sunset on the Friday before the first Saturday
                         tributaries. Anglers must check in at       of the following June, inclusive, it is unlawful
                         the development security office on          to possess natural bait, use more than a single
                         Triplett Road prior to fishing)             hook on an artificial lure, or harvest or possess
                         Laurel Creek (portions on Reynolds          trout while fishing these waters. These waters
                         Blue Ridge development, and Powder          are closed to fishing between one-half hour
                         Horn       Mountain      developments,      after sunset on the Friday before the first
                         including tributaries. Anglers fishing      Saturday in June and 6:00 a.m. on the first
                         the upper section of Laurel Creek           Saturday in June. At 6:00 a.m. on the first
                         must check in at the development            Saturday in June these waters are open for
                         security office on Triplett Road prior      fishing under Hatchery Supported Waters rules
                         to fishing) fishing. Anglers fishing        for youth anglers only. Youth is defined as a
                         the lower section of Laurel Creek           person under 16 years of age. At 12:00 p.m.
                         must access the creek from the              on the first Saturday in June these streams
                         parking area on Powder Horn                 open for fishing under Hatchery Supported
                         Mountain property adjacent to Laurel        Waters rules for all anglers:
                         Creek on Triplett Road.)                    (A)      Alleghany County:
                         Pond Creek (headwaters to Locust                     Little River (Whitehead to a point
                         Ridge bridge, excluding the pond                     275 yards downstream of the
                         adjacent to Coffee Lake)                             intersection of SR 1128 and SR 1129
              (H)        Wilkes County:                                       as marked by a sign on each bank)
                         Dugger Creek (portions on Reynolds          (A)(B) Ashe County:
                         Blue Ridge development, including                    Trout Lake
                         tributaries. Anglers must check in at                Helton Creek (Virginia state line to
                         the development security office on                        New River)
                         Triplett Road prior to fishing)                      Big Horse Creek (SR 1324 bridge to
                         Harris Creek (portion on Stone                            North Fork New River)
                         Mountain State Park)                        (B)(C) Burke County:
        (4)   Catch and Release/Artificial Flies Only Trout                   Jacob Fork (Shinny Creek to lower
              Waters. Those portions of designated wild                       South      Mountains      State    Park
              trout waters as listed in this Subparagraph,                    boundary)
              including tributaries except as noted, are             (C)(D) Caldwell County:
              further       classified    as      Catch     and               Wilson Creek (game lands portion
              Release/Artificial Flies Only waters. Only                      downstream of Lost Cove Creek to
              artificial flies having one single hook may be                  Phillips Branch)
              used. No trout may be harvested or be in               (D)(E) Haywood County:
              possession while fishing these streams:                         West Fork Pigeon River (Queen
              (A)        Avery County:                                        Creek to the first game land boundary
                         Elk River (portion on Lees-McRae                     upstream of Lake Logan)
                         College property, excluding the             (E)(F) Henderson County:
                         millpond)                                            North Fork Mills River (game land
                         Lost Cove Creek (game land portion,                  portion below the Hendersonville
                         excluding      Gragg      Prong    and               watershed dam)
                         Rockhouse Creek)                            (F)(G) Jackson County:
              (B)        Transylvania County:                                 Tuckasegee River (downstream NC
                         Davidson River (headwaters to Avery                  107 bridge falls located 275 yards
                              Creek, excluding Avery Creek,                   upstream of the US 23-441 bridge as
                              Looking Glass Creek                             marked by a sign on each bank)
                         and Grogan Creek)                           (G)(H) Macon County:
              (C)        Yancey County:                                       Nantahala River (Whiteoak Creek to
                         South Toe River (headwaters to                            the     Nantahala      hydropower
                         Upper Creek, including tributaries)                       discharge canal)
                              Upper Creek (entire stream)            (H)(I) Madison County.
        (5)   Delayed Harvest Trout Waters.              Those                Big Laurel Creek (NC 208 bridge to
              portions of designated Hatchery Supported                            the US 25-70 bridge)
              Trout Waters as listed in this Subparagraph,                    Shelton Laurel Creek (NC 208 bridge
              excluding tributaries except as noted, are                           at Belva to the confluence with
              further classified as Delayed Harvest Waters.                        Big Laurel Creek)


26:03                                         NORTH CAROLINA REGISTER                               August 1, 2011
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                                                  PROPOSED RULES

                       Spring Creek (NC 209 bridge at Hot          tributaries except as noted, are further
                       Springs city limits to iron bridge at       classified as Wild Trout/Natural Bait Waters.
                       end of Andrews Avenue                       All artificial lures and natural baits, except live
              (I)(J)   McDowell County:                            fish, are allowed provided they are fished
                       (Catawba River (portion adjacent to         using only one single hook. The creel limit,
                       Marion Greenway)                            size limit, and open season are the same as
                       Curtis Creek (game lands portion            other Wild Trout Waters [see 15A NCAC 10C
                       downstream of U.S. Forest Service           .0305(a)].
                       boundary at Deep Branch                     (A)       Cherokee County:
                       Mill Creek (US70 bridge to I 40                       Bald Creek (game land portions)
                       bridge)                                               Dockery Creek (game land portions)
              (J)(K) Mitchell County:                                        North Shoal Creek (game land
                       Cane Creek (NC 226 bridge to NC 80                    portions)
                       SR 1278 bridge)                             (B)       Graham County:
                       North Toe River (US 19E bridge to                     Deep Creek
                       NC 226 bridge)                                        Long Creek (game land portion)
              (K)(L) Polk County:                                            Franks Creek
                       Green River (Fishtop Falls Access           (C)       Haywood County:
                       Area to confluence with Cove Creek)                   Hemphill          Creek        (including
              (L)(M) Surry County:                                           tributaries)
                       Mitchell River (0.6 mile upstream of                  Hurricane Creek (including portions
                       the end of SR 1333 to the SR 1330                     of tributaries on game lands)
                       bridge below Kapps Mill Dam)                (D)       Jackson County:
                       Ararat River (NC 103 bridge to US                     Buff Creek
                       52 bridge)                                            Chattooga River (SR 1100 bridge to
              (M)(N) Transylvania County:                                          South Carolina state line)
                       East Fork French Broad River (Glady                   (lower) Fowler Creek (game land
                       Fork to French Broad River)                                 portion)
                       Little River (confluence of Lake                      Scotsman Creek (game land portion)
                       Dense to 100 yards downstream of                      Shoal Creek (Glenville Reservoir
                       Hooker Falls)                                               pipeline to mouth)
              (N)(O) Watauga County:                                         West Fork Tuckasegee River (Shoal
                       Watauga       River   (adjacent    to                       Creek to existing water level of
                       intersection of SR 1557 and SR 1558                         Little Glenville Lake)
                       to NC 105 bridge and SR 1114 bridge         (E)       Macon County:
                       to NC 194 bridge at Valle Crucis)                     Chattooga River (SR 1100 bridge to
                       Coffee Lake                                                 South Carolina state line)
              (O)(P) Wilkes County:                                          Jarrett Creek (game land portion)
                       East Prong Roaring River (from                        Kimsey Creek
                            Bullhead Creek downstream to                     Overflow Creek (game land portion)
                            the Stone Mountain State                         Park Creek
                       Park lower boundary)                                  Tellico Creek (game land portion)
                       Stone Mountain Creek (from falls at                   Turtle Pond Creek (game land
                            Allegheny County line to                               portion)
                            confluence with East Prong             (F)       Madison County:
                       Roaring River and Bullhead Creek in                   Big Creek (headwaters to the lower
                            Stone Mountain State Park)                       game land boundary, including
                       Reddies River (Town of North                          tributaries)
                       Wilkesboro water intake dam to              (G)       Transylvania County:
                       confluence with Yadkin River)                         North Fork French Broad River
                       Elk Creek – upper (Watauga County                           (game land portions downstream
                       line to lower boundary of Reynolds                          of SR 1326)
                       Blue Ridge development)                               Thompson River (SR 1152 to South
                       Elk Creek – lower (portion on                               Carolina state line, except where
                       Leatherwood                Mountains                        posted against trespass,
                       development)                                          including portions of tributaries
        (6)   Wild Trout/Natural Bait Waters.          Those                       within this section located on
              portions of designated Wild Trout Waters as                          game lands)
              listed in this Subparagraph, including


26:03                                       NORTH CAROLINA REGISTER                                August 1, 2011
                                                     150
                                                         PROPOSED RULES

         (7)      Special Regulation Trout Waters.            Those                        one line. Night fishing is not allowed in most
                  portions of Designated Public Mountain Trout                             hatchery supported trout waters on game lands
                  Waters as listed in this Subparagraph,                                   [see 15A NCAC 10D .0104(b)(1)].
                  excluding tributaries as noted, are further                     (2)      Wild Trout Waters. Except as otherwise
                  classified as Special Regulation Trout Waters.                           provided in Subparagraphs (a)(3), (a)(4), and
                  Regulations specific to each water are defined                           (a)(6) of this Rule, the following rules apply to
                  below:                                                                   fishing in wild trout waters.
                            Burke County                                                   (A)       Open Season. There is a year round
                            Catawba River (Muddy Creek to City                                       open season for the licensed taking of
                            of Morganton water intake dam).                                          trout.
                            Regulation: The daily creel limit is 7                         (B)       Creel Limit. The daily creel limit is
                            trout and only one of which may be                                       four trout.
                            greater than 14 inches in length; no                           (C)       Size Limit. The minimum size limit
                            bait restrictions; no closed season.                                     is seven inches.
(b) Fishing in Trout Waters                                                                (D)       Manner of Taking. Only artificial
         (1)      Hatchery Supported Trout Waters.             It is                                 lures having only one single hook
                  unlawful to take fish of any kind by any                                           may be used. No person shall possess
                  manner whatsoever from designated public                                           natural bait while fishing wild trout
                  mountain trout waters during the closed                                            waters except those waters listed in
                  seasons for trout fishing. The seasons, size                                       15A NCAC 10C .0205(a)(6).
                  limits, creel limits and possession limits apply                         (E)       Night Fishing. Fishing on wild trout
                  in all waters, whether designated or not, as                                       waters is not allowed between one-
                  public mountain trout waters. Except in power                                      half hour after sunset and one-half
                  reservoirs and city water supply reservoirs so                                     hour before sunrise.
                  designated, it is unlawful to fish in designated
                  public mountain trout waters with more than             Authority G.S. 113-272; 113-292.

                                                    SECTION .0300 - GAME FISH

15A NCAC 10C .0305 OPEN SEASONS: CREEL AND SIZE LIMITS
(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and size limits are as
indicated in the following table:

                                     DAILY CREEL                 MINIMUM
GAME FISHES                          LIMITS                      SIZE LIMITS                 OPEN SEASON

Mountain Trout:
         Wild Trout                  4                           7 in.                      ALL YEAR
         Waters                                                                             (exc. (3))
         Hatchery Sup-               7                           None                       All year, except
         ported Trout                (exc. (3))                  (exc. (3))                March 1 to 7:00 a.m.
         Waters and                                                                         on first Saturday
         undesignated                                                                       in April
         waters                                                                             (exc. (3))
Muskellunge                          1                           42 in.                     ALL YEAR
Pickerel: Chain                      None                        None                       ALL YEAR
         and Redfin
Walleye                              8                           None                        ALL YEAR
                                     (exc. (9))                  (exc. (9))
Sauger                               8                           15 in.                      ALL YEAR
Black Bass:
        LargemouthLargemouth,        5                           14 in.                   ALL YEAR
        Smallmouth,                  (exc. (21&26))              (excs. (8, 10&2110, 21&26))(exc. (17))
        and Spotted
        Smallmouth                   5                           12 in.                      ALL YEAR
        and Spotted                  (exc. (21))                 (excs (8,10&21))
Roanoke and Rock Bass                None                        None                        ALL YEAR
                                     (exc. (24))                 (exc. (24))
White Bass                           25                          None                        ALL YEAR


26:03                                              NORTH CAROLINA REGISTER                                                August 1, 2011
                                                            151
                                                       PROPOSED RULES

Sea Trout (Spotted                 10                          14 in.                   ALL YEAR
or Speckled)
Flounder                           8                           14 in.                   ALL YEAR
Red drum (channel                  1                           18 in.                   ALL YEAR
bass, red fish,                                                (exc. (19))
puppy drum)
Striped Bass                       8 aggregate                 16 in.                   ALL YEAR
and their hybrids                  (excs. 1,2,5,6,11,&13)      (excs.1,2,5,6,11&13)     (excs. 6,13&15)
(Morone Hybrids)
Shad: (American                    10 aggregate                None                     ALL YEAR
and hickory)                       (exc. (22))                                          (exc. (18))
Kokanee Salmon                     7                           None                     ALL YEAR
Crappie and                        None                        None                     ALL YEAR
sunfish                            (excs. 4,12&16)             (exc. (12))              (exc. (4))

NONGAME FISHES                     None                        None                     ALL YEAR
                                   (excs 14,20,23&25)          (excs. 14,20,23&25)      (exc. (7))

(b) Exceptions                                                                        supply reservoirs open to the public for
        (1)      In the Dan River upstream from its confluence                        fishing.
                 with Bannister River to the Brantly Steam                   (4)      On Mattamuskeet Lake, special federal
                 Plant Dam and in John H. Kerr Reservoir the                          regulations apply.
                 creel limit on striped bass and Morone hybrids              (5)      In the inland fishing waters of Neuse, Pungo
                 is two in the aggregate and the minimum size                         and Tar Pamlico rivers and their tributaries
                 limit is 26 inches from October 1 through May                        extending upstream to the first impoundment
                 31. From June 1 through September 30 the                             of the main course on the river or its
                 daily creel limit on striped bass and Morone                         tributaries, and in all other inland fishing
                 hybrids is four in aggregate with no minimum                         waters east of Interstate 95, subject to the
                 size limit.                                                          exceptions listed in this Paragraph, the daily
        (2)      In Lake Rhodhiss, Lake Hickory, and Lookout                          creel limit for striped bass and their hybrids is
                 Shoals Reservoir, the creel limit on striped                         two fish in aggregate. The minimum length
                 bass and Morone hybrids is four in the                               limit is 18 inches and no striped bass or striped
                 aggregate and the minimum size limit is 20                           bass hybrids between the lengths of 22 inches
                 inches. In the Cape Fear River upstream of                           and 27 inches may be possessed. In these
                 Buckhorn Dam and the Deep and Haw rivers                             waters, the season for taking and possessing
                 to the first impoundment and in B. Everett                           striped bass is closed from May 1 through
                 Jordan Reservoir, the creel limit on striped                         September 30. In the inland fishing waters of
                 bass and Morone hybrids is four in the                               the Cape Fear River and its tributaries, the
                 aggregate and the minimum size limit is 20 24                        season for taking and possessing striped bass
                 inches. In Lake Gaston and Roanoke Rapids                            is closed year-round. In the Pee Dee River and
                 Reservoir the creel limit on striped bass and                        its tributaries from the South Carolina line
                 Morone hybrids is four in aggregate with a                           upstream to Blewett Falls Dam, the season for
                 minimum size limit of 20 inches from October                         taking and possessing striped bass and their
                 1 through May 31 and no minimum size limit                           hybrids is open year-round, the daily creel
                 from June 1 through September 30. In Lake                            limit is three fish in aggregate and the
                 Norman the creel limit on striped bass and                           minimum length limit is 18 inches.
                 Morone hybrids is four in aggregate with a                  (6)      In the inland and joint fishing waters [as
                 minimum size limit of 16 inches from October                         identified in 15A NCAC 10C .0107(1)(e)] of
                 1 through May 31 and no minimum size limit                           the Roanoke River Striped Bass Management
                 from June 1 through September 30.                                    Area, which includes the Roanoke, Cashie,
        (3)      In designated public mountain trout waters the                       Middle and Eastmost rivers and their
                 season for taking all species of fish is the same                    tributaries, the open season for taking and
                 as the trout fishing season. There is no closed                      possessing striped bass and their hybrids is
                 season on taking trout from Linville River                           March 1 through April 30 from the joint-
                 within Linville Gorge Wilderness Area                                coastal fishing waters boundary at Albemarle
                 (including tributaries), Catawba River from                          Sound upstream to Roanoke Rapids Lake dam.
                 Muddy Creek to the City of Morganton water                           During the open season the daily creel limit for
                 intake dam, and the impounded waters of                              striped bass and their hybrids is two fish in
                 power reservoirs and municipally-owned water                         aggregate, the minimum size limit is 18


26:03                                            NORTH CAROLINA REGISTER                                             August 1, 2011
                                                          152
                                                      PROPOSED RULES

               inches. No fish between 22 inches and 27                    striped bass and their hybrids may include not
               inches in length shall be retained in the daily             more than two fish of smaller size than the
               creel limit. Only one fish larger than 27 inches            minimum size limit.
               may be retained in the daily creel limit.            (12)   A daily creel limit of 20 fish and a minimum
        (7)    See 15A NCAC 10C .0407 for open seasons                     size limit of 10 inches apply to crappie in B.
               for taking nongame fishes by special devices.               Everett Jordan Reservoir and in the Roanoke
        (8)    The maximum combined number of black bass                   River and its tributaries downstream of
               of all species that may be retained per day is              Roanoke Rapids dam and in the Cashie,
               five fish, no more than two of which may be                 Middle, and Eastmost rivers and their
               smaller than the applicable minimum size                    tributaries. A daily creel limit of 20 fish and a
               limit. The minimum size limit for all species               minimum size limit of eight inches apply to
               of black bass is 14 inches, with no exception in            crappie in the following waters: all public
               Lake Luke Marion in Moore County, Reedy                     waters west of Interstate 77, South Yadkin
               Creek Park lakes in Mecklenburg County,                     River downstream of Cooleemee Dam,
               Lake Rim in Cumberland County, Lake                         Yadkin-Pee Dee River from Idols Dam to the
               Raleigh in Wake County, Randleman                           South Carolina State line including High Rock
               Reservoir in Randolph and Guilford counties,                Lake, Tuckertown Lake, Badin Lake, Falls
               Roanoke River downstream of Roanoke                         Lake, Lake Tillery, and Blewett Falls Lake,
               Rapids Dam, Tar River downstream of Tar                     Lake Norman, Lake Hyco, Lake Ramseur,
               River Reservoir Dam, Neuse River                            Cane Creek Lake, Tar River downstream of
               downstream of Falls Lake Dam, Haw River                     Tar River Reservoir Dam, Neuse River
               downstream of Jordan Lake Dam, Deep River                   downstream of Falls Lake Dam, Haw River
               downstream of Lockville Dam, Cape Fear                      downstream of Jordan Lake Dam, Deep River
               River, Waccamaw River downstream of Lake                    downstream of Lockville Dam, Cape Fear
               Waccamaw Dam, the entire Lumber River                       River, Waccamaw River downstream of Lake
               including Drowning Creek, in all their                      Waccamaw Dam, the entire Lumber River
               tributaries, and in all other public fishing                including Drowning Creek, in all their
               waters east of Interstate 95 (except Tar River              tributaries, and in all other public fishing
               Reservoir in Nash County), South Yadkin                     waters east of Interstate 95, except Tar River
               River downstream of Cooleemee Dam,                          Reservoir in Nash County, Sutton Lake in
               Yadkin-Pee Dee River from Idols Dam to the                  New Hanover County, and Roanoke River and
               South Carolina State line including High Rock               tributaries below Roanoke Rapids dam, as
               Lake, Tuckertown Lake, Badin Lake, Falls                    listed above. In Buckhorn Reservoir in Wilson
               Lake, Lake Tillery and Blewett Falls Lake. In               and Nash counties a daily creel limit of 20 fish
               and west of Madison, Buncombe, Henderson                    applies to crappie.
               and Polk Counties and in designated public           (13)   In designated inland fishing waters of Roanoke
               mountain trout waters the minimum size limit                Sound, Croatan Sound, Albemarle Sound,
               is 12 inches. In Cane Creek Lake in Union                   Chowan River, Currituck Sound, Alligator
               County, and Buckhorn Reservoir in Wilson                    River, Scuppernong River, and their tributaries
               and Nash counties the minimum size limit for                (excluding the Roanoke River and Cashie
               largemouth bass is 16 inches, with no                       River and their tributaries), striped bass fishing
               exception. In Lake Phelps and Shearon Harris                season, size limits and creel limits are the
               Reservoir no black bass between 16 and 20                   same as those established by rules or
               inches shall be possessed. In Lake Norman                   proclamations of the Marine Fisheries
               the minimum size limit for black bass is 14                 Commission in adjacent joint or coastal fishing
               inches. In Randleman Reservoir only one                     waters.
               largemouth bass greater than 20 inches may be        (14)   Size and creel limits on regulated areas,
               possessed.                                                  including Community Fishing Areas, Public
        (9)    A minimum size limit of 15 inches applies to                Fishing Areas, and other cooperatively
               walleye taken from Lake James and its                       managed public waters In waters that are
               tributaries, and the daily creel limit for walleye          stocked and managed for catfish and located
               is four fish in Linville River upstream from the            on game lands, on other Commission-owned
               NC 126 bridge above Lake James.                             property, or on the property of a cooperator,
        (10)   The minimum size limit for all black bass,                  including waters within the Community
               with no exception, is 18 inches in Lake Thom-               Fishing Program, it is unlawful to take
               A-Lex in Davidson County.                                   channel, white, or blue catfish (forked tail
        (11)   In all impounded inland waters and their                    catfish) by means other than hook and line; the
               tributaries, except those waters described in               daily creel limit for forked tail catfish is six
               Exceptions (1) and (4), the daily creel limit of            fish in aggregate. Waters to which this creel


26:03                                          NORTH CAROLINA REGISTER                                     August 1, 2011
                                                        153
                                                     PROPOSED RULES

               limit applies shall be posted at each area, as                        Reservoir, no American shad may be
               specified in 15A NCAC 10E .0103.                                      possessed.
        (15)   The Executive Director may, by proclamation,                 (23)     In Lake Norman and Badin Lake the daily
               suspend or extend the hook-and-line season for                        creel limit for blue catfish greater than 32
               striped bass in the inland and joint waters of                        inches in length is one fish.
               coastal rivers and their tributaries. It is                  (24)     In all public fishing waters east of Interstate
               unlawful to violate the provisions of any                             77, the minimum length for Roanoke and rock
               proclamation issued under this authority.                             bass is 8 inches and the daily creel limit is two
        (16)   In Roanoke River downstream of Roanoke                                fish in aggregate.
               Rapids Dam, Tar River downstream of Tar                      (25)     In inland fishing waters the minimum length
               River Reservoir Dam, Neuse River                                      for gray trout (weakfish) is 12 inches and the
               downstream of Falls Lake Dam, Haw River                               daily creel limit is one fish.
               downstream of Jordan Lake Dam, Deep River                    (26)     In Lake Cammack in Alamance County and
               downstream of Lockville Dam, Cape Fear                                Lake Holt in Granville County the daily creel
               River, Waccamaw River downstream of Lake                              limit for largemouth bass is 10 fish and no
               Waccamaw Dam, the entire Lumber River                                 more than two fish greater than 14 inches may
               including Drowning Creek, in all their                                be possessed.
               tributaries, and in all other public fishing
               waters east of Interstate 95, except Tar River      Authority G.S. 113-134; 113-292; 113-304; 113-305.
               Reservoir in Nash County, the daily creel limit
               for sunfish is 30 in aggregate, no more than 12                  SECTION .0400 – NONGAME FISH
               of which shall be redbreast sunfish.
        (17)   In Sutton Lake, no largemouth bass shall be         15A NCAC 10C .0401 MANNER OF TAKING
               possessed from December 1 through March             NONGAME FISHES: PURCHASE AND SALE
               31.                                                 (a) Except as permitted by the rules in this Section, it is
        (18)   The season for taking American and hickory          unlawful to take nongame fishes from the inland fishing waters
               shad with bow nets is March 1 through April         of North Carolina in any manner other than with hook and line
               30.                                                 or grabbling. Nongame fishes may be taken by hook and line or
        (19)   No red drum greater than 27 inches in length        grabbling at any time without restriction as to size limits or creel
               may be possessed.                                   limits, with the following exceptions:
        (20)   No person shall take or possess herring                      (1)       Blue crabs shall have a minimum carapace
               (alewife and blueback) that are greater than six                       width of five inches (point to point) and it is
               inches in length from the inland fishing waters                        unlawful to possess more than 50 crabs per
               of coastal rivers and their tributaries including                      person per day or to exceed 100 crabs per
               Roanoke River downstream of Roanoke                                    vessel per day.
               Rapids Dam, Tar River downstream of Rocky                    (2)       No person shall take or possess herring
               Mount Mill Dam, Neuse River downstream of                              (alewife and blueback) that are greater than six
               Milburnie Dam, Cape Fear River downstream                              inches in length from the inland fishing waters
               of Buckhorn Dam, Pee Dee River downstream                              of coastal rivers and their tributaries including
               of Blewett Falls Dam, the entire Lumber River                          Roanoke River downstream of Roanoke
               including Drowning Creek, in all their                                 Rapids Dam, Tar River downstream of Rocky
               tributaries, and in all other inland fishing                           Mount Mill Dam, Neuse River downstream of
               waters east of Interstate 95.                                          Milburnie Dam, Cape Fear River downstream
        (21)   In the Alleghany County portion of New River                           of Buckhorn Dam, Pee Dee River downstream
               downstream of Fields Dam (Grayson County,                              of Blewett Falls Dam, the entire Lumber River
               Virginia) no black bass between 14 and 20                              including Drowning Creek, and in all other
               inches in length shall be possessed and only                           inland fishing waters east of Interstate 95.
               one black bass greater than 20 inches may be                 (3)       Grass carp shall not be taken or possessed on
               possessed in the daily creel limit.           No                       Lake James, Lookout Shoals Lake, Lake
               minimum size limit applies to black bass less                          Norman, Mountain Island Reservoir and Lake
               than 14 inches in length in this section of New                        Wylie, Lake Wylie and Lake Tillery, except
               River.                                                                 that one fish per day may be taken by bow and
        (22)   In the inland waters of Roanoke River and its                          arrow.
               River, Neuse River, and their tributaries, the               (4)       No trotlines or set-hooks shall be used in the
               daily creel limit for American and hickory                             impounded waters located on the Sandhills
               shad is 10 in aggregate, only one of which may                         Game Land or in designated public mountain
               be an American shad. In Roanoke Rapids                                 trout waters.
               Reservoir, Lake Gaston and John H. Kerr



26:03                                          NORTH CAROLINA REGISTER                                               August 1, 2011
                                                        154
                                                        PROPOSED RULES

         (5)       In Lake Waccamaw, trotlines or set-hooks           metal or plastic tags to the buoys. Such identification shall
                   may be used only from October 1 through            include one of the following:
                   April 30.                                                    (1)      owner's N.C. motor boat registration number;
          (6)      The minimum size limit for gray trout                        (2)      owner's U.S. vessel documentation name; or
                   (weakfish) is 12 inches and the daily creel                  (3)      owner's last name and initials.
                   limit is one fish.                                 It is unlawful to attach gill nets to any wire, rope, or similar
(b) The season for taking nongame fishes by other hook and line       device extended across any navigable watercourse.
methods in designated public mountain trout waters is the same        (c) Traps. Baskets and traps, excluding collapsible crab traps,
as the trout fishing season.                                          may be used under the special device fishing license. Such
(c) Nongame fishes, except alewife and blueback herring,              devices when set and left unattended shall be affixed with a card
excluding those less than six inches in length collected from         or tag furnished by the license holder and upon which his name
Kerr Reservoir (Granville, Vance, and Warren counties), blue          and address shall be legibly and indelibly inscribed. No fish trap
crab, and bowfin, taken by hook and line, grabbling or by             may exceed 60 inches in length or 30 inches in depth or width.
licensed special devices may be sold. Eels less than six inches in    No lead nets, wing nets, or other device designed to guide or
length may not be taken from inland waters for any purpose.           herd fish may be attached to the trap or used or set within 25 feet
(d) Freshwater mussels, including the Asiatic clam (Corbicula         of the trap.
fluminea), may only be taken from impounded waters, except            (d) Spears. Manually operated gigs or under-water spear or
mussels shall not be taken in Lake Waccamaw and in University         harpoon guns may be used under the special fishing device
Lake in Orange County. It is unlawful to possess more than 200        license in the inland waters having a season for their use
freshwater mussels.                                                   specified in Rule .0407 of this Section.
(e) Size and creel limits as set in this Rule on regulated areas,     (e) Crab pots. It is unlawful to use crab pots in inland fishing
including Community Fishing Areas, Public Fishing Areas, and          waters, except by persons owning property adjacent to the inland
other cooperatively managed public waters In waters that are          fishing waters of coastal rivers and their tributaries who are
stocked and managed for catfish and located on game lands, on         permitted to set two crab pots to be attached to their property
Commission-owned property, or on the property of a cooperator,        and not subject to special device license requirements.
including waters within the Community Fishing Program, it is          (f) Eel pots. It is unlawful to use pots with mesh sizes smaller
unlawful to take channel, white, or blue catfish (forked tail         than one inch by one-half inch unless such pots contain an
catfish) by means other than hook and line; the daily creel limit     escape panel that is at least four inches square with a mesh size
for forked tail catfish is six fish in aggregate. Waters to which     of one inch by one-half inch located in the outside panel of the
this creel limit applies shall be posted at each area, as specified   upper chamber of rectangular pots and in the rear portion of
in 15A NCAC 10E .0103.                                                cylindrical pots. Each pot must be marked by attaching a
(f) In Lake Norman and Badin Lake, the daily creel limit for          floating buoy which shall be of solid foam or other solid buoyant
blue catfish greater than 32 inches is one fish.                      material and no less than five inches in diameter and no less than
                                                                      five inches in length. Buoys may be of any color except yellow.
Authority G.S. 113-134; 113-272; 113-292.                             The owner shall be identified on the attached buoy by using
                                                                      engraved buoys or by engraved metal or plastic tags attached to
15A NCAC 10C .0404 SPECIAL DEVICE FISHING                             the buoy. Such identification shall include one of the following:
(a) Bow and Arrow. The use of bow [as defined in 15A NCAC                       (1)      owner's N.C. motorboat registration number;
10B .0116(a)] and arrow as a licensed special device is                         (2)      owner's U.S. vessel documentation name; or
authorized for taking nongame fishes at any time from all inland                (3)      owner's last name and initials.
fishing waters other than impounded waters located on the             (g) Hand-crank electrofisher. For the purposes of this rule, a
Sandhills Game Land and designated public mountain trout              hand-crank electrofisher is any manually-operated device which
waters. Unless specifically prohibited, bow and arrow may be          is capable of generating a low voltage electrical current not
used in joint fishing waters. It is unlawful to take fish with        exceeding 300 volts for the taking of catfish. Hand-crank
crossbow and arrow in any inland fishing waters.                      electrofishers may be used only where authorized by local law
(b) Nets. Where authorized, manually operated nets, including         and only in those waters specified in 15A NCAC 10C .0407.
seines and bow, cast, dip, gill, drift and fyke nets may be used
under the special device fishing license. No fixed gill net or        Authority G.S. 113-134; 113-272.2; 113-276; 113-292.
other stationary net which may be authorized as a special fishing
device may be more than 100 yards in length, nor shall any such            SECTION .0500 – PRIMARY NURSERY AREAS
net be placed within 50 yards of any other fixed net. Fixed nets
must be set so that they run parallel to the nearest shoreline. No    15A NCAC 10C .0503 DESCRIPTIVE BOUNDARIES
anchored or fixed gill net or drift net shall be used unless such     The following waters have been designated as primary nursery
net is marked for the protection of boat operators. A net shall be    areas:
deemed so marked when there is attached to it at each end two                  (1)    North River:
separate yellow buoys which shall be of solid foam or other solid                     (a)     Broad Creek - Camden County -
buoyant material no less than five inches in its smallest                                     Entire stream;
dimensions. The owner shall be identified on a buoy on each                           (b)     Deep Creek - Currituck County -
end either by using engraved buoys or by attaching engraved                                   Entire stream;


26:03                                             NORTH CAROLINA REGISTER                                              August 1, 2011
                                                           155
                                                 PROPOSED RULES

              (c)      Lutz Creek - Currituck County -                          (i)      Village Creek – Craven County –
                       Entire stream.                                                    Entire stream;
        (2)   Alligator River:                                                  (j)      Taylor Creek – Craven County –
              (a)      East Lake - Dare County - Inland                                  Entire stream;
                       waters portion;                                          (k)      Unnamed Tributary (Kidney Creek) –
              (b)      Little Alligator River - Tyrrell                                  Craven County – Entire stream (35°
                       County - Entire stream.                                           18.014'N – 77° 17.407'W);
        (3)   Currituck Sound:                                                  (l)      Unnamed Tributary – Craven County
              (a)      Martin Point Creek - Dare County -                                – Entire Stream (35° 15.464'N – 77°
                       Entire stream (Jean Guite Creek);                                 13.681'W);
              (b)      Tull Creek and Bay - Currituck                           (m)      Unnamed Tributary (The Gut) –
                       County - Tull Bay to mouth of                                     Craven County – Entire stream (35°
                       Northwest River; Tull Creek from                                  11.219'N – 77° 6.660'W).
                       mouth upstream to SR 1222 bridge.               (6)      New River:
        (4)   Pamlico River:                                                    (a)      French Creek - Onslow County -
              (a)      Duck Creek - Beaufort County -                                    Entire stream;
                       Entire stream;                                           (b)      New River - Onslow County - US
              (b)      Bath Creek - Beaufort County -                                    Highway 17 bridge to NC 24/US 258
                       Entire stream;                                                    bridge.
              (c)      Mixons Creek - Beaufort County -                (7)      Roanoke River: Halifax and Northampton
                       Entire stream;                                           counties - US 258 bridge to Roanoke Rapids
              (d)      Porter Creek - Beaufort County -                         dam.
                       Entire stream;                                  (8)      Tar-Pamlico River: Nash, Edgecombe, Pitt
              (e)      Tooleys Creek - Beaufort County -                        and Beaufort counties - N&S railroad at
                       Entire stream;                                           Washington upstream to Rocky Mount Mills
              (f)      Jacobs Creek - Beaufort County -                         Dam.
                       Entire stream;                                  (9)      Neuse River: Wake, Johnston, Wayne, Lenoir,
              (g)      Jacks Creek - Beaufort County -                          Pitt and Craven counties - Pitchkettle Creek
                       Entire stream;                                           upstream to Milburnie Dam.
              (h)      Bond Creek - Beaufort County -                  (10)     Cape Fear River: Chatham, Lee, Harnett,
                       Entire stream;                                           Cumberland and Bladen counties - Lock and
              (i)      Muddy Creek - Beaufort County -                          Dam No. 1 upstream to Buckhorn Dam.
                       Entire stream;                                  (11)     Albemarle Sound: Peter Mashoes Creek –
              (j)      Strawhorn Creek - Beaufort County -                      Dare County – Entire Stream.
                       Entire stream;                                  (12)     Croatan Sound: Spencer Creek – Dare County
              (k)      South Prong Wright Creek - Beaufort                      – Entire Stream.
                       County - Entire stream;                         (13)     White Oak River: Onslow and Jones counties
              (l)      Jordan Creek - Beaufort County -                         – Grants Creek upstream to Gibson Bridge
                       Entire stream. stream;                                   Road (SR 1118).
              (m)      Eastham Creek - Pamlico County -                (14)     Northeast Cape Fear River: Pender County –
                       Entire stream.                                           NC 210 bridge upstream to NC 53 bridge.
        (5)   Neuse River:                                                      (a)      Smith Creek – New Hanover County
              (a)      Slocum Creek - Craven County -                                    – Entire stream.
                       Entire stream;
              (b)      Hancock Creek - Craven County -        Authority G.S. 113-132; 113-134.
                       Entire stream. stream;
              (c)      Core Creek – Craven County – Entire    SUBCHAPTER 10E - FISHING AND BOATING ACCESS
                       stream;                                                    AREAS
              (d)      Pinetree Creek – Craven County –
                       Entire stream;                         15A NCAC 10E .0104         USE OF AREAS REGULATED
              (e)      Green's Thorofare – Craven County –    (a) No person shall leave any vehicle, boat trailer or other
                       Entire stream;                         obstruction on any public fishing or boating access area in such a
              (f)      Grinnel Creek – Pitt and Craven        location, position or condition that it will prevent or impede the
                       Counties – Entire stream;              use by other persons of any ramp or other facility constructed for
              (g)      Little Swift Creek – Craven County –   the purpose of launching or landing boats or fishing. No person
                       Entire stream;                         shall leave parked any vehicle, boat, boat trailer or other object
              (h)      Turkey Quarter Creek – Craven          at any place on any public fishing or boating access area other
                       County – Entire stream;                than on such place or zone as is designated as an authorized
                                                              parking zone and posted or marked as such.


26:03                                      NORTH CAROLINA REGISTER                                            August 1, 2011
                                                    156
                                                        PROPOSED RULES

(b) No person shall possess a loaded firearm on any public           under the control of the owner and raptors or hunting dogs where
fishing or boating access area.area, except that a handgun may       otherwise permitted for hunting or training purposes.
be carried by an individual with a valid concealed handgun
permit. The individual carrying a handgun must adhere to the         Authority G.S. 113-134; 113-264; 75A-14.
requirements set forth in North Carolina G.S. 14-415.11, even if
the state issuing the concealed handgun permit is not North                        ********************
Carolina. The permission to carry a handgun does not apply to
access areas on the following game lands: Bladen Lakes State         Notice is hereby given in accordance with G.S. 150B-21.2 that
Forest, Buckhorn, Butner-Falls of Neuse, Chatham, DuPont             the Wildlife Resources Commission intends to amend the rules
State Forest, Harris, Hyco, Jordan, Kerr Scott, Lee, Mayo, Pee       cited as 15A NCAC 10F .0313, .0324, .0330.
Dee River north of U.S 74, Sutton Lake, Vance and that portion
of R. Wayne Bailey- Caswell that is located north of U.S. 158        Proposed Effective Date: December 1, 2011
and east of N.C. 119. No person shall operate a vehicle on any
public fishing or boating access area in a manner so as to           Public Hearing:
endanger life or property.                                           Date: August 31, 2011
(c) No person, when using any public fishing or boating access       Time: 10:00 a.m.
area, shall deposit any debris or refuse anywhere on the grounds     Location: Wildlife Resources Commission, 1751 Varsity Drive,
of the area. No person, when using any public fishing or boating     Raleigh, NC 27606
access area, shall do any act which is prohibited or neglect to do
any act which is required by signs or markings placed on such        Reason for Proposed Action:
area under authority of this Rule for the purpose of regulating      15A NCAC 10F .0313 – Hyde County has applied for an
the use of the area. At any time when all designated parking         amendment establishing two no wake zones: a portion of Lake
zones on any public fishing or boating access area are fully         Landing Canal to mitigate water safety hazards caused by
occupied, any person may enter and use such facilities, provided     diminished sight lines and overwash caused by boat traffic in
such person makes other arrangements for parking and violates        this narrow canal; portions of Central, East Main and West
none of the provisions of this Rule or the signs or markings         Main Canals on Mattamuskeet Lake to mitigate water safety
made or posted pursuant hereto.                                      hazards near the construction and activities at Mattamuskeet
(d) No person shall operate a motorboat in the public waters of      Lodge and to protect boaters and crabbers using the canals.
North Carolina within 50 yards of a Commission-owned or              15A NCAC 10F .0324 – Davidson County has applied for a no
managed boat launching ramp at greater than "no wake" speed.         wake zone around the docks at Camp Walter Johnson Salvation
For the purpose of this Rule, "no wake" speed shall mean idling      Army camp for the protection of campers, swimmers and boaters
speed or a slow speed creating no appreciable wake.                  using the waters in that area.
(e) Except where facilities are provided, it is unlawful to use      15A NCAC 10F .0330 – Request of USCG and Fort Macon
any boating access area for purposes other than the launching of     State Park to designate a no-wake zone on a winding tidal creek
boats and parking vehicles and boat trailers. All other uses—        with a depth that fluctuates significantly with the tides and is
including swimming, skiing, camping, building fires, operating       used by smaller craft as a "cut through" between the ICW and
concessions or other activities not directly involved with           Beaufort sea channel.
launching of boats—are prohibited, except that those activities
including fish weigh-ins and for which a permit has been issued      Procedure by which a person can object to the agency on a
may be conducted, provided that the permit authorizing such          proposed rule: Objections may be submitted in writing or via
activity is available for inspection by wildlife enforcement         electronic mail during the comment period ending on September
officers at the time the activity is taking place.                   30, 2011 to C. Norman Young, Jr., North Carolina Department
(f) Except where facilities are provided and approved uses are       of Justice, SSA 9001 Mail Service Center, Raleigh, North
posted, it is unlawful to use any public fishing area for purposes   Carolina 27699-9001, E-Mail: nyoung@ncdoj.gov.
other than fishing. All prohibited uses and activities shall be
posted including possession of loaded firearms, firearms (except     Comments may be submitted to: Betsy Foard, Wildlife
as allowed in Paragraph (b) of this Rule, swimming, launching        Resources Commission, 1701 Mail Service Center, Raleigh, NC
or mooring jet skis or boats, skiing, building fires, operating      27699-1701, phone (919)707-0013, fax (919)707-0020, email
concessions, or other activities not directly associated with        betsy.foard@ncwildlife.org
fishing.
(g) Size and creel regulations for game and nongame fishes that      Comment period ends: September 30, 2011
differ from the general statewide regulations shall be posted at
public fishing areas, Community Fishing Program waters, and          Link to agency website: http://www.wildlife.org
other cooperatively managed public waters.
(h)(g) It is unlawful to feed or release animals or birds,           Procedure for Subjecting a Proposed Rule to Legislative
domesticated animals and feral animals on public fishing or          Review: If an objection is not resolved prior to the adoption of
boating access areas without prior written authorization of the      the rule, a person may also submit written objections to the
Wildlife Resources Commission. For the purpose of enforcing          Rules Review Commission after the adoption of the Rule. If the
this Paragraph, "domesticated animals" does not include pets         Rules Review Commission receives written and signed


26:03                                            NORTH CAROLINA REGISTER                                            August 1, 2011
                                                          157
                                                       PROPOSED RULES

objections after the adoption of the Rule in accordance with G.S.                      end of SR 1122 (35.40873N, 76.21185W).
150B-21.3(b2) from 10 or more persons clearly requesting                               (35.40873N, 76.21185W); and
review by the legislature and the Rules Review Commission                     (8)      The waters of Lake Landing Canal beginning
approves the rule, the rule will become effective as provided in                       near the SR 1110 bridge at the intersection of
G.S. 150B-21.3(b1). The Commission will receive written                                Great Ditch Road and Nebraska Road, at
objections until 5:00 p.m. on the day following the day the                            35.45926 N, 76.07527 W and ending at
Commission approves the rule. The Commission will receive                              35.45027 N, 76.06862 W; and
those objections by mail, delivery service, hand delivery, or                 (9)       A portion of Main Canal off of Mattamuskeet
facsimile transmission. If you have any further questions                              Lake in the vicinity of Mattamuskeet Lodge,
concerning the submission of objections to the Commission,                             beginning in East Main Canal at 35.45226, -
please call a Commission staff attorney at 919-431-3000.                               76.17359 and extending to a point in West
                                                                                       Main Canal at 35.45174, -76.18132, and that
Fiscal Impact: A copy of the fiscal note can be obtained from                          portion of Central Canal beginning at its
the agency.                                                                            intersection with Main Canal and extending
         State                                                                         northward to 35.45687. -76.1751.
         Local – (15A NCAC 10F .0313)                               (b) Speed Limit. No person shall operate a motorboat or vessel
         Substantial Economic Impact (>$500,000)                    at greater than no-wake speed on the regulated areas described in
         None – (15A NCAC 10F .0324, .0330)                         Paragraph (a) of this Rule.
                                                                    (c) Placement and Maintenance of Markers. The Board of
Fiscal Note posted at                                               Commissioners of Hyde County is designated a suitable agency
http://www.osbm.state.nc.us/files/pdf_files/WRC07062011.pdf         for placement and maintenance of the markers implementing this
                                                                    Rule, subject to the approval of the United States Coast Guard
  CHAPTER 10 - WILDLIFE RESOURCES AND WATER                         and the United States Army Corps of Engineers.
                    SAFETY
                                                                    Authority G.S. 75A-3; 75A-15.
   SUBCHAPTER 10F - MOTORBOATS AND WATER
                    SAFETY                                          15A NCAC 10F .0324          DAVIDSON COUNTY
                                                                    (a) Regulated Areas. This Rule applies only to those portions of
        SECTION .0300 - LOCAL WATER SAFETY                          High Rock Lake, Tuckertown Lake, and Badin Lake which lie
                   REGULATIONS                                      within the boundaries of Davidson County.
                                                                    (b) Speed Limit. No person shall operate a vessel at greater
15A NCAC 10F .0313        HYDE COUNTY                               than no-wake speed:
(a) Regulated Areas. This Rule applies to the following waters                (1)      within 50 yards of any marked public boat
in Hyde County:                                                                        launching ramp, bridge, dock, marina, boat
        (1)     Swan Quarter Canal near the Town of Swan                               storage structure, boat service area or pier
                Quarter beginning at its entrance at Marker                            while on the waters of High Rock Lake,
                #10 in Pamlico Sound and extending the entire                          Tuckertown Lake, and Badin Lake in
                length of the canal;                                                   Davidson County.
        (2)     Carawan Canal near the Town of Swan                           (2)      within 50 yards on either side of the buoy
                Quarter beginning at its entrance located 440                          located between lots 19 and 39 Silver Hill
                yards North by Northeast from Marker #7 off                            Township in the middle of Hi-Roc Shores
                Long Point in Pamlico Sound and extending                              Cove. Cove on High Rock Lake.
                the entire length of the canal;                               (3)      the waters of Flat Swamp Creek on High Rock
        (3)     The waters within 50 yards of all public boat                          Lake beginning 50 yards north of the docks at
                launching areas providing access to Pamlico                            Camp Walter Johnson and extending 100
                Sound;                                                                 yards south of the docks as delineated by
        (4)     Far Creek near the Town of Engelhard                                   appropriate markers.
                beginning at its entrance at Marker #10 in          (c) Speed Limit in Mooring Areas. No person shall operate a
                Pamlico Sound and extending the entire length       vessel at greater than no-wake speed while within a marked
                of the canal;                                       mooring area established with the approval of the Executive
        (5)     Fodrey Canal. That portion of Fodrey Canal          Director, or his representative, on the waters of High Rock Lake,
                beginning at its entrance at the number 3           Tuckertown Lake, and Badin Lake in Davidson County.
                beacon and extending inland for a distance of       (d) Speed Limit at Mouth of Cove. No person shall operate a
                300 yards;                                          vessel at greater than no-wake speed while within 50 yards on
        (6)     Silver Lake in Ocracoke. Harbor-wide; and           either side of the mouth of Beaver Dam Creek Cove located on
        (7)     The entire waters of the Hydeland Canal             Badin Lake or in Abbotts Creek Cove of High Rock Lake as
                beginning at the Hydeland Canal Access Area         delineated by appropriate markers.
                (35.42131N, 76.20915W) and ending at the            (e) Restricted Swimming Areas. No person operating or
                                                                    responsible for the operation of a vessel shall permit it to enter


26:03                                            NORTH CAROLINA REGISTER                                            August 1, 2011
                                                          158
                                                       PROPOSED RULES

any marked public swimming area on the waters of High Rock                   (12)      the waters of Morgans Creek as delineated by
Lake, Tuckertown Lake, and Badin Lake in Davidson County.                              appropriate markers;
(f) Placement and Maintenance of Markers. The Board of                       (13)      the waters of Cannonsgate Marina and the
Commissioners of Davidson County is designated a suitable                              Cannonsgate Marina Channel, beginning at its
agency for placement and maintenance of the markers                                    intersection with Bogue Sound at 34.70163 N,
implementing this Rule, subject to the approval of the United                          76.98157 W as delineated by appropriate
States Coast Guard and the United States Army Corps of                                 markers. markers; and
Engineers, if applicable. With regard to marking the regulated               (14)      the entire waters of Fishing Creek in the
areas described in Paragraph (a) of this Rule, all of the                              vicinity of Fort Macon State Park and
supplementary standards listed in Rule .0301(g) of this Section                        U.S.C.G. Station Fort Macon, beginning at its
shall apply.                                                                           western entrance at Tar Landing Bay and
                                                                                       ending at the eastern entrance near Beaufort
Authority G.S. 75A-3; 75A-15.                                                          Inlet, as delineated by appropriate markers.
                                                                    (b) Speed Limit. It is unlawful to operate a motorboat or vessel
15A NCAC 10F .0330          CARTERET COUNTY                         at a speed greater than no-wake speed while on the waters of the
(a) Regulated Areas. This Rule applies to the following waters      regulated areas designated in Paragraph (a) of this Rule.
in Carteret County:                                                 (c) Placement and Maintenance of Markers. The Board of
         (1)      the waters of Money Island Slough beginning       Commissioners of Carteret County, with respect to the regulated
                  at the east end of Money Island near the          areas designated in Subparagraphs (1), (3), (5), (6), (7), (8), (10),
                  Anchorage Marina Basin and ending at the          (12) and (13) of Paragraph (a) of this Rule, and the Board of
                  west end of Money Island where Brooks             Commissioners of the Town of Beaufort, with respect to the
                  Avenue deadends dead-ends at the slough;          regulated area designated in Subparagraph (2) of Paragraph (a)
         (2)      the waters of Taylor Creek located within the     of this Rule, and the Board of Commissioners of Morehead City,
                  territorial limits of the Town of Beaufort;       with respect to Subparagraph (4) and (9) of Paragraph (a) of this
         (3)      the waters of Pelletier Creek beginning at the    Rule, and the North Carolina Sate State Ports Authority, with
                  entrance to Pelletier Creek at the Intracoastal   respect to the regulated area designed designated in
                  Waterway and ending at U.S. Highway 70;           Subparagraph (11) of Paragraph (a) of this Rule Rule, and the
         (4)      the waters of Bogue Sound in Morehead City        United States Coast Guard and the North Carolina Division of
                  between Sugar Loaf Island and the seawall on      Parks and Recreation, with respect to the regulated area
                  the south side of Evans, Shepard and              designated in Subparagraph (14) of Paragraph (a) of this Rule
                  Shackleford Streets and bounded on the east       are designated as suitable agencies for placement and
                  by the State Ports Authority and on the west      maintenance of the markers implementing this Rule, subject to
                  by the eastern right-of-way margin of South       the approval of the United States Coast Guard and the United
                  13th Street extended;                             States Army Corps of Engineers.
         (5)      the waters of Gallant's Channel from the US
                  U.S.70 crossing over the Grayden Paul bridge      Authority G.S. 75A-3; 75A-1.
                  to Taylor's Creek;
         (6)      the waters of Cedar Island Bay and Harbor                         ********************
                  from U.S. 70 to Cedar Island Bay Channel
                  Light 8;                                          Notice is hereby given in accordance with G.S. 150B-21.2 that
         (7)      the waters of the small cove on the west side     the Wildlife Resources Commission intends to adopt the rules
                  of Radio Island immediately south of the B &      cited as 15A NCAC 10H .0814-.0815, amend the rules cited as
                  M Railroad and US U.S.70 Bridges across the       15A NCAC 10H .0801-0812 and repeal the rules cited as 15A
                  Intracoastal Waterway in which Radio Island       NCAC 10H .0813.
                  Marina and Morehead Sports Marina are
                  located as delineated by appropriate markers;     Proposed Effective Date: January 1, 2012
         (8)      the waters of the Newport River beginning at
                  the north side of the Beaufort Drawbridge and     Public Hearing:
                  ending at marker #6;                              Date: September 6, 2011
         (9)      the waters of Spooners Creek within the           Time: 7:00 PM
                  territorial limits of the Town of Morehead City   Location: District 4, Bladen Community College, 7418 NC
                  as delineated by appropriate markers;             Highway 41 W, Dublin, NC
         (10)     the waters of Taylor's Creek from the eastern
                  end of the current no wake zone eastward to       Date: September 7, 2011
                  Channel Marker #1A;                               Time: 7:00 PM
         (11)     the waters of the Newport River at Bogue          Location: District 5, Alamance County Courthouse, 109 South
                  Sound including all waters surrounding the        Maple Street, Graham, NC 27253-2811
                  Port of Morehead City to Brandt Island as
                  delineated by appropriate markers; and            Date: September 8, 2011


26:03                                           NORTH CAROLINA REGISTER                                                August 1, 2011
                                                         159
                                                      PROPOSED RULES

Time: 7:00 PM                                                      Procedure by which a person can object to the agency on a
Location: District 6, South Stanly High School, 40488 South        proposed rule: Objections may be submitted in writing or via
Stanly School Road, Norwood, NC                                    electronic mail during the comment period ending on September
                                                                   30, 2011 to C. Norman Young, Jr., North Carolina Department
Date: September 13, 2011                                           of Justice, SSA, 9001 Mail Service Center, Raleigh, North
Time: 7:00 PM                                                      Carolina 27699-9001, E-Mail: nyoung@ncdoj.gov.
Location: District 8, Municipal Auditorium, 401 College St,
Morganton, NC 28655-3868                                           Comments may be submitted to: Kate Pipkin, North Carolina
                                                                   Wildlife Resources Commission, 1701 Mail Service Center,
Date: September 14, 2011                                           Raleigh, North Carolina 27699-1721, Phone (919) 707-0065, E-
Time: 7:00 PM                                                      Mail kathryn.pipkin@ncwildlife.org
Location: District 9, Haywood Community College, 185
Freedlander Drive, Clyde, NC                                       Comment period ends: September 30, 2011

Date: September 15, 2011                                           Procedure for Subjecting a Proposed Rule to Legislative
Time: 7:00 PM                                                      Review: If an objection is not resolved prior to the adoption of
Location: District 7, The Walker Center, Wilkes Community          the rule, a person may also submit written objections to the
College, 1328 South Collegiate Drive, Wilkesboro, NC               Rules Review Commission after the adoption of the Rule. If the
                                                                   Rules Review Commission receives written and signed
Date: September 20, 2011                                           objections after the adoption of the Rule in accordance with G.S.
Time: 7:00 PM                                                      150B-21.3(b2) from 10 or more persons clearly requesting
Location: District 1, Swain Auditorium, 220 E Church St,           review by the legislature and the Rules Review Commission
Edenton, NC 27932                                                  approves the rule, the rule will become effective as provided in
                                                                   G.S. 150B-21.3(b1). The Commission will receive written
Date: September 21, 2011                                           objections until 5:00 p.m. on the day following the day the
Time: 7:00 PM                                                      Commission approves the rule. The Commission will receive
Location: District 2, Craven County Courthouse, 302 Broad St,      those objections by mail, delivery service, hand delivery, or
New Bern, NC 28560                                                 facsimile transmission. If you have any further questions
                                                                   concerning the submission of objections to the Commission,
Date: September 22, 2011                                           please call a Commission staff attorney at 919-431-3000.
Time: 7:00 PM
Location: District 3, Nash Community College, 522 N Old            Fiscal Impact:
Carriage Rd, Rocky Mt, NC 27804                                             State
                                                                            Local
Date: September 28, 2011                                                    Substantial Economic Impact (>$500,000)
Time: 7:00 PM                                                               None
Location: WRC Headquarters, Centennial Campus, 1751
Varsity Drive, Raleigh, NC 27606                                     CHAPTER 10 - WILDLIFE RESOURCES AND WATER
                                                                                       SAFETY
Reason for Proposed Action:
15A NCAC 10H .0801-.0812 - These falconry rules are                     SUBCHAPTER 10H - REGULATED ACTIVITIES
proposed for amendment to make the North Carolina falconry                    SECTION .0800 - FALCONRY
program adhere to new federal standards for falconry and to
enable North Carolina to fully regulate its falconry program in    15A NCAC 10H .0801 DEFINITIONS
accordance with a directive from the U.S. Fish and Wildlife        In addition to the definitions contained in G.S. 113-130, and
Service.                                                           unless the context requires otherwise, as used in 15A NCAC
15A NCAC 10H .0813 - This falconry rule is proposed for            10B .0216 and in this Section:
repeal. North Carolina will no longer issue raptor propagation              (1)     "Falconry permit" or "permit" means a joint
permits. This activity will be wholly regulated by the U.S. Fish                    federal-state falconry permit, or a separate
and Wildlife Service.                                                               state falconry permit or license issued by this
15A NCAC 10H .0814-.0815 - These falconry rules are                                 state or by another state, tribe or territorystate
proposed for adoption to make the North Carolina falconry                           meeting federal falconry standards and listed
program adhere to new federal standards for falconry and to                         in Paragraph (k) of 50 C.F.R. 21.29. which has
enable North Carolina to fully regulate its falconry program in                     been certified by the U.S. Fish and Wildlife
accordance with a directive from the U.S. Fish and Wildlife                         Service.
Service.                                                                    (2)     "Falconry license" means the annual special
                                                                                    purpose falconry license which is required by
Link to agency website: http://www.wildlife.org                                     G.S. 113-270.3(b)(4) in addition to any other
                                                                                    applicable general purpose or special purpose


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                                                         PROPOSED RULES

                  license.and referenced in the rules of this                   (2)       a North Carolina resident or non-resident
                  Section.                                                                falconry license as required by G.S.113-
         (3)      "State" means the State of North Carolina,                              270.3(b)(4).
                  except when the context indicates reference to                 (3)      any other general purpose or special purpose
                  another state of the United States.                                     license required by the applicable laws of this
         (4)      "Commission" means the North Carolina                                   state.
                  Wildlife Resources Commission.                       Non-resident falconers legally licensed in their home states are
         (5)      "Executive director" means the Executive             exempted from the requirement in Subparagraph (a)(2) of this
                  Director of the North Carolina Wildlife              Rule if they are traveling through North Carolina with no
                  Resources Commission.         When action is         intention of practicing falconry while in North Carolina.
                  required by the commission by any provision          (b) No resident of this state shall take, possess, transport, or
                  of this Section, such action may be performed        import a raptor for falconry purposes or practice falconry in this
                  by the executive director on behalf of the           state without having first obtained and having in possession a
                  commission.                                          North Carolina falconry license.
         (6)      "Bred in captivity" or "captive-bred" refers to      (c) In addition to criminal penalties for violation provided by
                  raptors hatched in captivity from parents that       federal law and state statute, licenses are subject to suspension or
                  mated or otherwise transferred gametes in            revocation in accordance with applicable law.
                  captivity.
         (7)      "Raptor" means a live migratory bird of the          Authority G.S. 113-134; 113-270.3(b)(4); 50 C.F.R. 21.28; 50
                  Order      Falconiformes     or     the  Order       C.F.R. 21.29.
                  Strigiformes, other than a bald eagle
                  (Haliaeetus leucocephalus).                          15A NCAC 10H .0803 APPLICATION FOR LICENSE
         (8)      "Wild-caught" and "wild" raptors means any           (a) Any individualresident of this state who wishes to take
                  free-ranging wild raptor held in captivity           raptors in this state or to practice falconry must submit an
                  regardless of its length of caprivity or             application for a falconry license on a form supplied by the
                  ownership changes according to 50 CFR 21.29          commission and proof of a successful examination as described
                  (f)(1) which is hereby incorporated by               in Rule .0804 of this Section. Non-residents may substitute a
                  reference, including subsequent amendments           valid falconry permit or license from their state in lieu of the
                  and editions.                                        proof of a successful examination and a letter, if required,
                                                                       provided that the state which issued the falconry permit or
Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.28; 50           license has been certified by the U.S. Fish and Wildlife Service
C.F.R. 21.29.                                                          as meeting federal falconry standardspermit to the commission
                                                                       on a form approved by the U.S. Fish and Wildlife Service.
15A NCAC 10H .0802 PERMIT AND LICENSE                                  (b) Apprentice license applications must have attached a letter
REQUIREMENTS                                                           from a sponsor as described in Rule .0807(b) of this Section.
(a) No person shall take a raptor in this state for falconry           (c) General license applications must have attached a letter from
purposes without having first obtained:                                a General or Master falconer as described in Rule .0807(c) of
         (1)       either:                                             this Section.
                   (A)       a resident falconry permit issued by      (d) Any application submitted by an individual less than 18
                             this state; or                            years of age must be co-signed by that individual's parent or
                   (B)       a General or Master Class falconry        legal guardian. The parent or legal guardian is legally
                             permit as defined in Rule .0801 of        responsible for the underage falconer's activities.
                             this Section from another state that      (e) A falconer with an expired license less than five years old
                             issues non-resident falconry permits      can apply for a new license at his previous level on a form
                             or licenses; and                          supplied by the Commission, provided the falconer can show
         (2)       a North Carolina resident or non-resident           proof he has previously met the requirements for the level of
                   falconry license as required by G.S. 113-           license sought. A falconer who has not had an active license
                   270.3(b)(4).                                        within the past five years can apply for a new license on a form
(b)(a) No person non-resident of this state shall take, possess,       supplied by the Commission, but he must pass the examination
transport, or import a raptor for falconry purposes or practice        described in Rule .0804 of this Section and pass facilities
falconry in this state without having first obtained and having in     inspection in order to be reinstated at his previous level. He must
possession:                                                            prove he has previously met the requirements for the level of
         (1)       a falconry permit as defined in Rule .0801 of       license sought.
                   this Section from this state or from a state,       (f) ApplicationsSuch application shall be accompanied by a fee
                   tribe or territory another state that issues non-   in the amount of ten dollars ($10.00). ($10.00) to defray the cost
                   resident falconry permits or licenses, which        of administering the examination required by Rule .0804 of this
                   has been certified by the U.S. Fish and             Section.
                   Wildlife Service as meeting federal falconry
                   standards; and


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                                                        PROPOSED RULES

Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.28; 50         (b) Acquisition from a rehabilitator. A licensee may acquire a
C.F.R. 21.29.                                                        raptor from a permitted rehabilitator subject to the restrictions
                                                                     and conditions set forth in 50 CFR 21.29(e)(7)(i)-(ii) which is
15A NCAC 10H .0804 EXAMINATION                                       hereby incorporated by reference, including subsequent
Before any falconry license permit is issued the applicant shall     amendments and editions.
be required to answer correctly at least 80 percent of the           (3)(c) A licensee permittee may not take, possess, or transport a
questions on a supervised examination examination, approved          raptor in violation of the restrictions, conditions, and
by the U.S. Fish and Wildlife Service and administered by the        requirements of the federal and state falconry regulations.
Commission commission, relating to basic biology, care, and          (d) Death. If a licensee dies his raptors may be transferred in
handling of raptors, literature, laws, regulations and other         accordance with 50 CFR 21.29 (f)(21), which is hereby
appropriate subject matter. Such examination shall not be            incorporated by reference, including subsequent amendments
required of any applicant who holds a currently valid permit         and editions, for up to 90 days. After 90 days the Commission
from another state state, tribe or territory meeting the federal     will determine disposition of the birds.
standards and which has been certified by the U.S. Fish and          (e) Status change. Any status change of a raptor, including
Wildlife Service. and listed in Paragraph (k) of 50 C.F.R. 21.29.    death of the raptor or the licensee, loss due to theft, acquisition,
The cost for taking the exam is ten dollars ($10.00),                sale, transfer, intentional release and rebanding must be reported
                                                                     as set forth in 50 CFR 21.29(e)(6)(i)-(iii) which is hereby
Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.            incorporated by reference, including subsequent amendments
                                                                     and editions.
15A NCAC 10H .0805 DURATION OF LICENSE                               (f) Disposition of dead birds. Dead birds must be disposed of in       Formatted: Line spacing: single
A falconry license permit or the renewal of such a licensepermit     a manner described in 50 CFR 21.29(f)(13)(i)-(v) which is
is valid when issued by the state and expires on June 30. June 30    hereby incorporated by reference, including subsequent
of the second calendar year after it is issued, unless a different   amendments and editions.
period is specified on the permit or the renewal.                              (4)       The falconry seasons and the daily, possession
                                                                                         and season bag limits are contained in 15A
Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.28.                                NCAC 10B .0216.
                                                                               (5)       A permittee must have his permit in
15A NCAC 10H .0806 ACQUISITION, SALE AND                                                 possession at all times when raptor trapping
STATUS CHANGE                                                                            devices or raptors are in his possession away
Every falconry permit shall be issued subject to the following                           from his residence.
special conditions:                                                            (6)       In addition to criminal penalties for violations
          (1)     A permittee may not take, transport or possess                         provided by federal and state statutes, permits
                  a golden eagle (Aquila chrysaetos) unless                              are subject to suspension or revocation in
                  authorized in writing by the U.S. Fish and                             accordance with applicable law.
                  Wildlife Service.
(2)(a) Sale, transfer, purchase and barter. A permitteelicensee      Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.28; 50
may trade or transfer a wild-caught raptor to another                C.F.R. 21.29.
licenseepermittee if the transaction occurs entirely within the
state and no money or other consideration is involved. A             15A NCAC 10H .0807 LEVELS OF LICENSES
permittee may trade or transfer a raptor to another permittee in     (a) Falconry licenses. Falconry licenses are issued at three
an interstate transaction if the prior written approval of the       levels based upon the age and experience of the falconer.
Commission is obtained and no money or other consideration is        (a)(b) Apprentice Class. Apprentice classlevel falconry permits
involved in the transaction. A permittee must report all             licenses are subject to the following conditions, requirements
acquisitions and dispositions of raptors to the U.S. Fish and        and limitations set forth in 50 CFR 21.29(c)(3)(i) which is
Wildlife Service and to the Commission on forms supplied by          hereby incorporated by reference, including subsequent
the Commission. A licenseepermittee may purchase, trade, sell        amendments and editions. The following restrictions are in
or barter any lawfully possessed raptor which is bred in captivity   addition to those set forth in federal code:
under a federal raptor propagation permit and banded with a                   (1)       The permittee must be at least 14 years old.
numbered seamless marker provided by the issuing office,U.S.                  (2)(1) Regardless of the age of the permittee, the
Fish and Wildlife Service, provided:                                                    apprentice must have a sponsor who is a
          (a)(1) the person receiving such raptor is authorized                         holder of a general or master falconry permit
                  to possess it under this Section, or 50 CFR 21,                       for the period during which the apprentice
                  or the foreign country of his residence or                            permit is held. The apprentice's sponsor must
                  domicile in accordance with 50 CFR                                    be a North Carolina resident or must live
                  21.29(f)(15); and                                                     within 200 miles of the apprentice. A sponsor
          (b)(2) the licensee permittee transferring such raptor                        may not have more than three apprentices at
                  has acquired it from a person authorized to                           any one time. A sponsor must provide written
                  possess it as provided by Sub-item (2)(a) of                          justification to the Commission when he
                  this Rule. 15A NCAC 10H .0807.                                        decides to drop an apprentice.              The


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                                                        PROPOSED RULES

                  Commission will notify the apprentice who                    (3)      The permittee may not take, transport, or
                  must obtain another sponsor and so advise the                         possess any golden eagle for falconry purposes
                  Commission within 90 days. The apprentice's                           unless authorized in writing by the U.S. Fish
                  raptors may be seized by the Commission and                           and Wildlife Service.
                  the permit revoked if after the 90 day period                (4)      The permittee may not take species listed as
                  the apprentice fails to obtain another sponsor                        endangered in 50 CFR 17 but may transport or
                  and/or to notify the Commission of the same.                          possess such species in accordance with 50
                  If after 180 days, the apprentice fails to obtain                     CFR 17.
                  another sponsor and/or to notify the                         (5)      The permittee may not take during any period
                  Commission of the same, he shall be required                          of 12 months, as part of his three-bird
                  to reapply and be reexamined prior to the                             limitation, more than one raptor listed as
                  reissuance of his permit. license.                                    threatened in 50 CFR 17 and then only in
         (3)      The permittee may not possess more than one                           accordance with 50 CFR 17.
                  raptor and may not obtain more than one
                  raptor for replacement during any period of 12      Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.
                  months.
         (4)      The permittee may possess only the following        15A NCAC 10H .0808 FACILITIES AND EQUIPMENT:
                  raptors which must be taken from the wild: an       (a) Inspection and Certification. Prior to initial issuance of a
                  American kestrel (Falco sparverious), a             North Carolina falconry license to a resident of North Carolina,
                  red-tailed hawk (Buteo jamaicensis), or a           permit, the applicant's raptor housing facilities and falconry
                  red-shouldered hawk (Buteo lineatus).               equipment shall be certified by a representative of the
(b)(c) General Class. General class level falconry permits            Commission as meeting the standards set forth in Subsections
licenses are subject to the following conditions, requirements        (b) and (c) of this Rule. Applicants must have indoor facilities or
and limitations:limitations set forth in 50 CFR 21.29(c)(3)(ii)       outdoor facilities as described in Paragraph (b) of the Rule.
which is hereby incorporated by reference, including subsequent       Applicants may have both types of facilities.
amendments and editions.                                              (b) Housing Facilities. The primary consideration of raptor
         (1)      The permittee must be at least 18 years old.        housing, whether indoors (mews) or outdoors (weathering area),
         (2)      The permittee shall have at least two years         being protection of the raptor from the environment, predators,
                  experience in the practice of falconry at the       and domestic animalsundue disturbance, the applicant shall have
                  apprentice level or its equivalent.           The   holding facilities meeting the following standards:
                  permittee's apprentice sponsor must provide                  (1)        Standards for Apprentice Class Falconry
                  written certification of the falconer's skills on                       Facilities: All facilities. All facilities must
                  forms supplied by the Commission. This                                  conform to the standards in 50 CFR
                  certification must also be approved by at least                         21.29(d)(1)(ii)(A)      which       is    hereby
                  one other general or master class falconer by                           incorporated     by      reference,    including
                  his signature and falconry permit number on                             subsequent amendments and editions.
                  the form.                                                    (A)(2) Indoor Facilities (Mews). Indoor facilities
         (3)      The permittee may not possess more than two                             must conform to the standards in 50 CFR
                  raptors and may not obtain more than two                                21.29(d)(1)(ii)(B)      which       is    hereby
                  raptors for replacement during any period of                            incorporated     by      reference,    including
                  12 months.                                                              subsequent amendments and editions. In
         (4)      The permittee may not take, transport, or                               addition to the federal standards, Minimum
                  possess any golden eagle or any species listed                          size of the mewsshall be 8 x 8 feet with access
                  as endangered or threatened under the federal                           provided by the mews must have a door that
                  regulations, except as provided by the federal                          allows easy access and maintenance, and that
                  falconry regulations.                                                   shall close automatically or be securable inside
(c)(d) Master Class. Master class level falconry permits                                  and outside. Mews should be located away
licenses are subject to the following conditions conditions,                              from undue disturbance and shade should be
requirements and limitations:limitations set forth in 50 CFR                              provided. There shall be at least one window,
21.29(c)(3)(iii) which is hereby incorporated by reference,                               protected on the inside by vertical bars spaced
including subsequent amendments and editions.                                             narrower than the width of the raptor's body
         (1)      The permittee must have at least five years'                            and containing a window perch. The floor of
                  experience in the practice of falconry at the                           the mews shall permit easy cleaning and shall
                  general class level or its equivalent.                                  be well drained. Adequate perches shall be
         (2)      The permittee may not possess more than three                           provided. The interior of the mews shall be
                  raptors and may not obtain more than two                                free of splinters, protruding nails and other
                  raptors taken from the wild for replacement                             obstructions that could be injurious to the
                  during any period of 12 months.                                         raptor. Any lighting fixtures shall be shielded
                                                                                          or otherwise protected.


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                                                       PROPOSED RULES

        (B)(3)   Outdoor Facilities (Weathering Areas).                                          fixtures shall be shielded or otherwise
                 Weathering areas Outdoor facilities must                                        protected.
                 conform to the standards in 50 CFR                                    (B)       Outdoor       Facilities   (Weathering
                 21.29(d)(1)(ii)(D)       which       is    hereby                               Areas). Weathering areas shall be
                 incorporated       by     reference,    including                               fenced and covered with netting or
                 subsequent amendments and editions. In                                          wire mesh, or roofed to protect the
                 addition to the federal standards,shall be                                      raptor's from disturbance and attack
                 fenced and covered with netting or wire mesh,                                   by predators, except that perches
                 or roofed to protect the raptor from                                            more than six and one-half feet high
                 disturbance and attack by predators. Covers or                                  need not be covered or roofed. The
                 roofs shall not be less than seven feet. The                                    enclosed area shall be large enough to
                 enclosed area shall be no less than 8 x 8 feet,                                 insure the raptor(s) cannot strike the
                 but large enough to insure the raptor cannot                                    fence when flying from the perch.
                 strike the fence, cover or roof when flying                                     The floor of the weathering area shall
                 from the perch. The floor of the weathering                                     allow     for     adequate    drainage.
                 area shall be covered with a thick layer of                                     Protection from excessive sun, wind,
                 natural or artificial material that allows allow                                and inclement weather shall be
                 for adequate drainage.          Protection from                                 provided for each raptor. Adequate
                 excessive sun, wind, and inclement weather                                      perches shall be provided. All areas
                 shall be provided for the raptor.             The                               accessible to the raptor shall be
                 weathering area shall also include a jump box,                                  smooth and free of splinters and other
                 A-frame, or similar structure constructed of                                    obstructions that could be injurious to
                 weatherproof material and which will offer the                                  the raptor.
                 raptor a secure perch with adequate head and                 (4)      Human facilities. Raptors may be brought
                 tail clearance. At least two perches shall be                         inside a human dwelling as needed to address
                 provided for the raptor. These shall be                               health, training and safety issues. Human
                 covered with artificial turf, hemp rope, or                           facilities must conform to the standards in 50
                 similar material. Secured leash shall offer                           CFR 21.29(d)(1)(ii)(C) which is hereby
                 access to all perches and bath container yet                          incorporated      by      reference,    including
                 should not allow the raptor to come in contact                        subsequent amendments and editions.
                 with the fence and be free from entanglement.                (5)      A licensee may have his raptors in the open
                 All areas accessible to the raptor shall be                           temporarily under the conditions set forth in
                 smooth and free of splinters and other                                21.29(d)(1(iii) which is hereby incorporated by
                 obstructions that could be injurious to the                           reference, including subsequent amendments
                 raptor.                                                               and editions.
        (2)      Standards for General and Master Class              (c) Equipment. Licensees must possess the equipment listed in
                 Falconry Facilities:                                50 CFR 21.29(d)(3) which is hereby incorporated by reference,
                 (A)       Indoor Facilities (Mews). The mews        including subsequent amendments and editions. The following
                           shall be of a size to allow easy access   items shall be in the possession of the applicant before he can
                           for caring for the raptors held in the    obtain a permit:
                           facility and shall have a secure door              (1)      At least one pair of Alymeri type (two-piece)
                           that can be easily closed. If more                          jesses constructed of pliable high-quality
                           than one raptor is to be kept in a                          leather or suitable synthetic material.
                           mews, the raptors shall be tethered or             (2)      At least one flexible, weather-resistant leash
                           separated by partitions and the area                        and one figure eight type swivel of acceptable
                           for each raptor shall be large enough                       falconry design;
                           to allow the raptor to fully extend its            (3)      At least one suitable bath, 2"-6" deep and
                           wings. There shall be at least one                          wider than the length of the raptor for drinking
                           window, protected on the inside by                          and bathing for each raptor;
                           vertical bars spaced narrower than the             (4)      A reliable scale or balance with perch attached
                           width of the raptor's body and                              for weighing raptors held and capable of
                           containing a window perch. The                              weighing up to five pounds and graduated to
                           floor of the mews shall permit easy                         increments of not more than 1/2 ounce or 15
                           cleaning and shall be well drained.                         grams;
                           Adequate perches shall be provided.                (5)      Outdoor Perches.         At least one portable
                           The interior of the mews shall be free                      weathering area perch of an acceptable design
                           of splinters, protruding nails and                          (block perch, ring perch, or bow perch) shall
                           other obstructions that could be                            be provided for each raptor;
                           injurious to the raptor. Any lighting


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                                                        PROPOSED RULES

         (6)       At least one pari of bells of falconry design               (4)       Permittees must affix a non-reusable marker to
                   and of appropriate size.                                              any raptor which may require retrapping.
(d) Maintenance. All facilities and equipment shall be kept at or                        Only marked raptors may be retrapped at any
above the standards contained in Paragraphs (b) and (c) of this                          time.
Rule at all times. times, regardless whether the facilities are       (d)(5) Counterfeiting or Alteration.          No person shall
located on property owned by the licensee or owned by another.        counterfeit, alter, or deface any marker required by this Rule,
(e) Transportation and Temporary Holding. A raptor may be             except that permittees licensees may remove the rear tabs on
transported or held in temporary facilities as described in 50        markers and may smooth any surface imperfections provided the
CFR 21.29(d)(4)(5) which is hereby incorporated by reference,         integrity of the markers and numbering are not affected.
including subsequent amendments and editions. which shall be          (e) No raptor removed from the wild may be marked with a
provided with an adequate perch and protected from extreme            seamless numbered band.
temperatures and excessive disturbance for a period not               (f) A falconer may request a band exemption from the issuing
exceeding 30 days.                                                    office for a raptor with documented health problems or injuries
(f) Care by others. A licensee may leave his raptors in the care      caused by a band but must adhere to the restrictions set forth in
of another person subject to the restrictions in 50 CFR               50 CFR 21.29(c)(7)(v) which is hereby incorporated by
21.29(d)(6)(7) which is hereby incorporated by reference,             reference, including subsequent amendments and editions.
including subsequent amendments and editions.
(g) Change of location. A licensee must inform the Commission         Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.
within five days if he moves his facilities.
                                                                      15A NCAC 10H .0810 TAKING RAPTORS
Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.             (a) No raptor shall be taken from the wild in this state except by
                                                                      an individual a person holding a currently valid falconry
15A NCAC 10H .0809 MARKING                                            licensepermit as defined in Rule .0801 of this Section and a
(a) All peregrine falcons (Falco peregrinus), gryfalcons (Falco       falconry permit from the individual's state of residence if the
rusticolus), and Harris hawks (Parabuteo unicinctus) and              individual is a non-resident of North Carolina. Falconers may
goshawks possessed removed from the wild or acquired from a           only take species of raptors from the wild that are authorized
falconer or rehabilitator for falconry purposes must be marked in     under their level of permit.          If a falconer captures an
accordance with the following provisions: banded or                   unauthorized species of raptor or other bird, he must release that
microchipped as set forth in 50 CFR 21.29(c)(7)(i) which is           bird immediately. from this state or another state that issues non-
hereby incorporated by reference, including subsequent                resident falconry permits or licenses and a currently valid
amendments and editions.                                              resident or non-resident falconry license, and then only in
(b) Raptors bred in captivity must be banded as set forth in 50       accordance with the following instructions:
CFR 21.29(c)(7)(ii) which is hereby incorporated by reference,        (b) All levels of licensees are allowed to take up to two raptors
including subsequent amendments and editions.                         from the wild annually subject to the conditions and restrictions
         (1)       Any peregrine falcon (Falco peregrinus),           set forth in 50 CFR 21.29(e)(2)(i)-(viii) which is hereby
                   gyrfalcon (Falco rusticolus), or Harris hawk       incorporated by reference, including subsequent amendments
                   (Parabuteo unicinctus), except a captive bred      and editions. Apprentices are allowed to keep only one bird at a
                   raptor lawfully marked by a numbered,              time.
                   seamless band issued by the Service, must be       (c) Apprentices may take any species of raptor from the wild
                   banded with a permanent, non-reusable,             except for those species specified in 50 CFR 21.29(c)(3)(i)
                   numbered band issued by the Service.               which is hereby incorporated by reference, including subsequent
         (2)       Any peregrine falcon (Falco peregrinus),           amendments and editions.
                   gyrfalcon (Falco rusticolus), or Harris hawk       (d) Any raptor native to this state may be taken from the wild
                   (Parabuteo unicinctus), possessed for falconry     subject to the restrictions on species and license level as follows:
                   purposes must be banded at all times in                     (1)        Nestlings.Young birds not capable of flight
                   accordance with these standards.                                       (eyasses) may not be taken without a special
(c) Loss or removal of any band must be reported to the issuing                           permit issued by the commission. These
office within five working days of the loss and must be replaced                          permits shall be issued only Only to persons
as described in 50 CFR 21.29(c)(7)(iii) which is hereby                                   holding general or master class falconry
incorporated by reference, including subsequent amendments                                licenses may take nestlings. Nestlings may
and editions.with a permanent non-reusable, numbered band                                 only be taken permits and are valid during the
supplied by the Service.                                                                  period from May 1 through June 30. No more
         (3)       After the effective date of this Section, before                       than two nestlingseyasses may be taken by the
                   any unmarked raptor of these species is                                same licensee. permittee during this period. At
                   acquired in this state, an appropriate marker                          least one nestling must be left in the nest or
                   must be first acquired and attached to the                             aerie.
                   raptor immediately upon acquisition.          A             (2)        Young birds. First year (passage) birds may be
                   written application is required to obtain any                          taken only during the period August 1
                   such marker.                                                           September 4 through the last day of February,


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                                                           165
                                                       PROPOSED RULES

                  December 31, except that marked raptors may       15A NCAC 10H .0811 OTHER RESTRICTIONS AND
                  be retrapped at any time.                         CONDITIONS
          (3)     Only American kestrels kestrals (Falco            (a) A person who possesses a lawfully acquired raptor before
                  sparverius) and great horned owls (Bubo           the effective date of this Section and who fails to meet the
                  Virginianus) may be taken when over one year      permit requirements for falconry shall be allowed to retain such
                  old.old, except that any raptor other than an     raptor, but shall not engage in the practice of falconry. Each
                  endangered or threatened species taken under a    such bird shall be identified with a marker supplied by the
                  depredation or other special purpose permit       commission and cannot be replaced if death, loss, release, or
                  issued by the U.S. Fish and Wildlife Service      escape occurs.
                  may be used for falconry by general and           (b) A falconry permittee who possesses raptors before the
                  master class falconers. Only General and          effective date of this Section, in excess of the number allowed
                  Master falconers may take this age class in       under his class of permit, shall be allowed to retain the extra
                  accordance with 50 CFR 21.29(e)(3)(i) which       raptors. All such birds shall be identified with markers supplied
                  is hereby incorporated by reference, including    by the commission and no replacement or additional raptor may
                  subsequent amendments and editions. The           be obtained until the number in possession is at least one less
                  time period for taking is August 1 through the    than the total number authorized by the class of permit held by
                  last day of February.                             the permittee.
          (4)     Federally Listed Species. Only General and        (c) No species of raptor which is not indigenous to this state
                  Master falconers may take a federally             shall be intentionally released to the wild in this state without
                  threatened species and the falconer must          written authorization having been first obtained from the
                  following the restrictions in 50 CFR              commission. When any raptor, whether or not indigenous to this
                  21.29(e)(3)(ix) which is hereby incorporated      state, is intentionally released to the wild in this state, the marker
                  by      reference,     including     subsequent   shall be removed from such bird and surrendered to the
                  amendments and editions.                          commission, and a standard federal bird band shall be attached
          (5)     State listed species. A falconer must obtain a    to the bird by a state or federally-authorized federal bird bander.
                  North Carolina endangered species permit          (d) By written authorization of the permittee accompanying the
                  before taking any raptors listed in 15A NCAC      transfer, a falconry permittee may commit the care of raptors to
                  10I .0103, 15A NCAC 10I .0104 or 15A              another person. If the period of such care will exceed 30 days,
                  NCAC 10I .0105. Furthermore, a falconer           the permittee, within three days of the transfer, shall inform the
                  must possess a special hunt permit to take a      commission in writing of the transfer and the reason therefor,
                  Peregrine falcon (Falco peregrinus tundrius).     where the birds are being held, who is caring for them, and
(e) Traps must be designed to prevent injury to the raptor. All     approximately how many days they will remain in the care of
traps except box-type traps must be attended and viewed from a      such other person.
reasonable distance by the trapper at all times when in use. Box-   (a) Falconers must carry their license on their person when
type traps must be checked every 24 hours. Traps must be of one     conducting any falconry activities away from approved facilities
of the following types:                                             as described in Rule .0808 of this Section.
          (1)     Leg noose snare traps. Nooses on these traps      (b) Visitors to the United States may practice falconry under the
                  must be tied in such a manner as to prevent the   conditions set forth in 50 CFR 21.29 (f)(14) which is hereby
                  noose from locking when under pressure. The       incorporated by reference, including subsequent amendments
                  trapper must use a suitable drag weight based     and editions.
                  on the species being trapped.                     (c) A licensee may take his raptors to another country to
          (2)     Nets that collapse on and enclose around the      practice falconry under the conditions set forth in 50 CFR 21.29
                  raptor.                                           (f)(15) which is hereby incorporated by reference, including
          (3)     Box-type traps with automatic closing entry       subsequent amendments and editions.
                  doors or funnels.                                 (d) A licensee who practices falconry in the vicinity of a
(f) Licensees may recapture their own birds at any time.            federally listed species must avoid take of the listed species as
Disposition of banded birds, captive-bred birds and birds           described in 50 CFR 21.29 (f)(17) which is hereby incorporated
wearing falconry equipment is as allowed in 50 CFR                  by reference, including subsequent amendments and editions.
21.29(e)(3)(iv)-(v) which is hereby incorporated by reference,      (e) If a licensee's raptor takes a non-target species, the licensee
including subsequent amendments and editions.                       may allow his bird to feed on the prey, but not take the non-
(g) Licensees must keep their license on their person when          target species into his possession.
trapping raptors.                                                   (e)(f) Feathers that are moltedmolted, or those from raptors held
(h) Raptors injured due to falconry trapping efforts must be        in captivity that die, may be retained and exchanged by falconry
treated humanely and in accordance with 50 CFR 21.29(e)(5)          licenseespermittees only for imping purposes. purposes or
which is hereby incorporated by reference, including subsequent     otherwise disposed of as set forth in 50 CFR 21.29(f)(12)(i)-(v)
amendments and editions.                                            which is hereby incorporated by reference, including subsequent
                                                                    amendments and editions.
Authority G.S. 113-134; 113-270.3(b)(4); 50 C.F.R. 21.29.
                                                                    Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.


26:03                                           NORTH CAROLINA REGISTER                                                August 1, 2011
                                                         166
                                                         PROPOSED RULES

15A NCAC 10H .0812 INTERSTATE                                          (c) Wild-caught birds may be transferred to another type of
TRANSPORTATION                                                         permit under the conditions set forth in 50 CFR 21.29(f)(5)(i)-
(a) A nonresident of this state who holds a currently valid            (ii) which is hereby incorporated by reference, including
falconry permit from another state state, tribe or territory which     subsequent amendments and editions.
has been certified by the U.S. Fish and Wildlife Service which is      (d) Captive-bred birds may be transferred to another type of
listed in Paragraph (k) of 50 C.F.R. 21.29 may transport his           permit under the conditions set forth in 50 CFR 21.29(f)(6)
raptors into or through this state for use in the practice of          which is hereby incorporated by reference, including subsequent
falconry, provided all laws and regulations governing the              amendments and editions.
practice of falconry in this state are observed.                       (e) Hacking and other training and conditioning techniques are
(b) A resident of this state who holds a falconry license permit       allowed under conditions set for in 50 CFR 21.29(f)(2)(3) which
issued by the commission may transport his raptors into or             is hereby incorporated by reference, including subsequent
through other states states, tribes and territories certified by the   amendments and editions.
U.S. Fish and Wildlife Service listed in Paragraph (k) of 50
C.F.R. 21.29 for use in the practice of falconry, provided all         Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.
laws and regulations of such states governing the possession and
transportation of raptors and the practice of falconry are             15A NCAC 10H .0815 OTHER USES AND ALLOWED
observed.                                                              ACTIVITIES
                                                                       (a) Raptors may be used in captive propagation as allowed
Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.              under the conditions set forth in 50 CFR 21.29(f)(7) which is
                                                                       hereby incorporated by reference, including subsequent
15A NCAC 10H .0813 RAPTOR PROPAGATION                                  amendments and editions.
PERMIT                                                                 (b)     General and master falconers may use raptors in
(a) Raptor propagation permits shall be obtained from the              conservation education programs as set forth in 50 CFR
Commission and from the U.S. Fish and Wildlife Service prior           21.29(f)(8)(i)-(vi) which is hereby incorporated by reference,
to the captive breeding of any raptor.                                 including subsequent amendments and editions. Other
(b) Permit requirements, application procedures, issuance              educational uses of raptors are restricted to those allowed in 50
criteria, and additional permit conditions for issuance of federal     CFR 21.29(f)(9)(i)-(ii) which is hereby incorporated by
raptor propagation permits are set forth in 50 C.F.R. 21.30 which      reference, including subsequent amendments and editions.
is hereby incorporated by reference and shall include any              (c) General and master falconers may use raptors in abatement
subsequent amendments.                                                 activities under the conditions set forth in 50 CFR
          (1)      The state permit shall run concurrently with        21.29(f)(11)(i)-(ii) which is hereby incorporated by reference,
                   the federal permit and will expire on the same      including subsequent amendments and editions.
                   date as the federal permit. The state permit        (d)     General and master falconers may assist in raptor
                   may be revoked or renewal may be denied for         rehabilitation under the conditions set forth in 50 CFR
                   violation of the provisions of 50 C.F.R. 21.30.     21.29(f)(10)(i)-(v) which is hereby incorporated by reference,
          (2)      A copy of all applications and other records        including subsequent amendments and editions.
                   required under 50 C.F.R. 21.30 must be              (e) Licensees may take bird species for which there is a
                   submitted to the Commission and to the U.S.         depredation order by means of falconry in accordance with 50
                   Fish and Wildlife Service.                          CFR 21.29(f)(20) which is hereby incorporated by reference,
(c) Protected species of raptors listed as species of special          including subsequent amendments and editions.
concern in 15A NCAC 10I .0005, when lawfully acquired, may
be propagated.                                                         Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.
(d) Sale of raptors taken from the wild is prohibited.

Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29.              TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND
                                                                                        COMMISSIONS
15A NCAC 10H .0814 RELEASE OF RAPTORS OR
MOVED TO OTHER PERMIT                                                  CHAPTER 50 - BOARD OF EXAMINERS OF PLUMBING,
(a) No raptor which is not native to the state of North Carolina         HEATING AND FIRE SPRINKLER CONTRACTORS
and no hybrid of any kind may be released to the wild. Native,
captive-bred birds may only be released with written permission        Notice is hereby given in accordance with G.S. 150B-21.2 that
from the Commission and under the conditions set forth in 50           the State Board of Examiners of Plumbing, Heating and Fire
CFR 21.29(e)(9)(ii) which is hereby incorporated by reference,         Sprinkler Contractors intends to adopt the rules cited as 21
including subsequent amendments and editions.                          NCAC 50 .0517, .1105; amend the rules cited as 21 NCAC 50
(b) Native, wild birds may be released to the wild under the           .0107, .0301, .0306, .0308, .0402-.0407, .0412, .0505, .0512,
conditions set forth in 50 CFR 21.29(e)(9)(iii) which is hereby        .0516, .1002, .1004-.1005, .1102; and repeal the rules cited as
incorporated by reference, including subsequent amendments             21 NCAC 50 .0303, .1401-.1405, .1407-.1410.
and editions.



26:03                                              NORTH CAROLINA REGISTER                                             August 1, 2011
                                                            167
                                                       PROPOSED RULES

Proposed Effective Date:                                            review by the legislature and the Rules Review Commission
December 31, 2011                                                   approves the rule, the rule will become effective as provided in
December 31, 2012 for Rules 21 NCAC 50 .1401-.1405, .1407-          G.S. 150B-21.3(b1). The Commission will receive written
.1410                                                               objections until 5:00 p.m. on the day following the day the
                                                                    Commission approves the rule. The Commission will receive
Public Hearing:                                                     those objections by mail, delivery service, hand delivery, or
Date: September 12, 2001                                            facsimile transmission. If you have any further questions
Time: 3:00 p.m.                                                     concerning the submission of objections to the Commission,
Location: Hyatt Place Raleigh-North, 1105 Navaho Drive,             please call a Commission staff attorney at 919-431-3000.
Raleigh, NC 27609
                                                                    Fiscal Impact:
Reason for Proposed Action: The Board is giving notice of the                State
possible adoption of rules creating a series of technician                   Local
licenses, the purpose being possible reduction in the number of              Substantial Economic Impact (>$500,000)
contractor licenses required for contracting firms and a                     None
corresponding reduction in cost. Industry groups and licensees
have requested the Board to consider allowing, but not                          SECTION .0100 - ORGANIZATION
requiring, contractors to utilize licensed technicians in lieu of
employment of additional contractor licensees. The technician       21 NCAC 50 .0107          BOARD COMMITTEES
would have demonstrated skills in installation but not in system    (a) The chair of the Board shall appoint regular committees for
design or contracts estimates and bidding, additional skills        oversight and to implement implementation prescribed phases of
required of a contractor licensee.                                  the Board's Board functions, and may appoint special
The Board is further considering whether gas dealers might          committees for to undertake specific tasks assignments of the
utilize technicians as a means of installing gas appliances. The    Board. as necessary.
Board is giving notice of possible elimination of the continuing    (b) The chair of the Board shall appoint the chair and members
education program, and of the desire of the Board to hear from      of the committees. designate the membership of the committees
all industry segments. If the current system changes, such          and may designate one member as committee chair.
change would not occur before 2013.                                 (c) Members of committees serve at the pleasure of the chair of
The Board is also considering rules which express conduct           the Board.
standards or practices which will be considered as evidence of
incompetence or misconduct. Among these are compliance with         Authority G.S. 87-18.
permit and inspection requirements, and testing of residential
multi-purpose fire suppression systems. A number of other                       SECTION .0300 – EXAMINATIONS
changes and rule repeals are being considered in response to a
request by the Governor for review of rules and removal of any      21 NCAC 50 .0301            QUALIFICATIONS
found obsolete or unnecessary.                                      DETERMINED BY EXAMINATION
                                                                    (a) In order to determine the qualifications of an applicant, the
Link to agency website: http://nclicensing.org                      Board shall provide an examination in writing or by computer in
                                                                    the following categories:
Procedure by which a person can object to the agency on a                    Plumbing Contracting, Class I
proposed rule:       Persons may submit comments on and                      Plumbing Contracting, Class II
objections to the proposed rules at the public hearing or by mail            Heating, Group No. l - Contracting, Class I
to Dale L. Dawson, 1109 Dresser Court, Raleigh, NC 27609; by                 Heating, Group No. 1 - Contracting, Class II
fax at (919) 875-3616; or by email to ncdawson@aol.com. The                  Heating, Group No. 2 - Contracting, Class I
deadline for receiving comments and objections to the Board is               Heating, Group No. 3 - Contracting, Class I
5:00 p.m. September 30, 2011.                                                Heating, Group No. 3 - Contracting, Class II
                                                                             Fuel Piping Contractor
Comments may be submitted to: Dale L. Dawson, 1109                           Fire Sprinkler Inspection Technician
Dresser Court, Raleigh, NC 27609; phone (919) 875-3612                       Fire Sprinkler Installation Contractor
                                                                             Fire Sprinkler Inspection Contractor
Comment period ends: September 30, 2011                                      Fire Sprinkler Maintenance Technician
                                                                             Residential Fire Sprinkler Installation Contractor
Procedure for Subjecting a Proposed Rule to Legislative                      Plumbing Technician
Review: If an objection is not resolved prior to the adoption of             Heating Group No. 1 Technician
the rule, a person may also submit written objections to the                 Heating Group No. 2 Technician
Rules Review Commission after the adoption of the Rule. If the               Heating Group No. 3 Technician
Rules Review Commission receives written and signed                          Fuel Piping Technician
objections after the adoption of the Rule in accordance with G.S.   (b) Each person being examined by the Board for a contractor
150B-21.3(b2) from 10 or more persons clearly requesting            license other than a Fire Sprinkler Installation or Inspection


26:03                                            NORTH CAROLINA REGISTER                                            August 1, 2011
                                                          168
                                                        PROPOSED RULES

Contractor license shall be required to read, interpret and          21 NCAC 50 .0303           VISITORS
provide answers to both the business and law part and the            Visitors or licensees may observe conduct of any examination,
technical part of the examination required by G.S. 87-21(b).         but shall not be provided with the substance of any examination.
(c) Applicants for licensure as a fire sprinkler installation        Authority G.S. 87-18; 87-20; 87-21(a); 87-21(b).
contractor, must submit evidence of current certification by the
National Institute for Certification and Engineering Technology      21 NCAC 50 .0306             APPLICATIONS: ISSUANCE OF
(NICET) for Fire Protection Engineering Technician, Level III,       LICENSE
subfield of Automatic Sprinkler Water-based Fire Protection          (a) All applicants for licensure or examination shall file an
System Layout as the prerequisite for licensure. Current             application in the Board office on a form provided by the Board.
certification by NICET is in lieu of separate technical              (b) Applicants for plumbing or heating examination shall
examination conducted by the Board. Applicants for licensure         present evidence at the time of application to establish two years
as a fire sprinkler installation contractor, contractor must take    of full-time experience in the installation, maintenance, service
and pass the business and law part of the exam administered by       or repair of plumbing or heating systems related to the category
the Board.                                                           for which a license is sought, whether or not a license was
(d) Applicants for licensure in the Fire Sprinkler Inspection        required for the work performed. Applicants for fuel piping
Technician classification must either pass the technical             examination shall present evidence at the time of application to
examination offered by the Board or submit evidence of Level II      establish one year of experience in the installation, maintenance,
Certification in "Inspection and Testing of Water-based              service or repair of fuel piping, whether or not a license was
Protection Systems" by NICET in lieu of examination.                 required for the work performed. Up to one-half the experience
(e) Applicants for the Fire Sprinkler Inspection Contractor          may be in academic or technical training related to the field of
classification must submit evidence of Level III certification in    endeavor for which examination is requested. The Board will
"Inspection and Testing of Water-based Fire Protection               prorate part-time work of less than 40 hours per week or part-
Systems" by NICET in lieu of technical examination.                  time academic work of less than 15 semester or quarter hours.
Contractors who obtain license by NICET certification must           (c) The Board shall issue a license certificate bearing the license
maintain such certification thereafter as a condition of license     number assigned to the qualifying individual.
renewal. Applicants for licensure as a fire sprinkler inspection     (d) Fire Sprinkler Installation Contractors in the unlimited
contractor must take and pass the business and law part of the       classification shall meet experience requirements in accordance
examination administered by the Board in addition to                 with NICET examination criteria.
demonstrating NICET certification as set out herein.                 (e) Applicants for examination or licensure in the Limited Fire
(f) Applicants for a license in the Limited Fire Sprinkler           Sprinkler Inspection Technician classification shall submit
Maintenance Technician classification must obtain a license          evidence adequate to establish that the applicant has either:
based on maintenance experience, education and job                             (1)      4000 hours experience involved in inspection
classification set forth in Rule. 0306.                                                 and testing of previously installed fire
(g) Applicants for a license as a Residential Fire Sprinkler                            sprinkler systems, consistent with NFPA-25,
Installation Contractor must obtain a license based on experience                       as a full-time employee of a Fire Sprinkler
set forth in Rule .0306 and must take and pass the technical part                       Inspection Contractor or fire insurance
of the Residential Fire Sprinkler Installation Contractor                               underwriting organization; or
examination.                                                                   (2)      4000 hours experience involved in inspection
(h) Applicants for license as a Plumbing, Heating or Fuel Piping                        and testing of previously installed fire
Technician must obtain a license based on experience set forth in                       sprinkler systems, consistent with NFPA-25 as
Rule .0306 and must take and pass the Class I technical and                             a full time employee of a hospital,
Board laws and rules examination related to the category for                            manufacturing, government or university
which a technician license is sought.                                                   facility and under direct supervision of a Fire
(i) Applicants who present a current plumbing or heating                                Sprinkler Inspection Contractor or a Fire
journeyman certificate from an Authority Having Jurisdiction in                         Sprinkler Inspection Technician; or
North Carolina will not be required to take the technical portion              (3)      4000 hours experience involved in installation
of the exam if application is made on or before December 31,                            of fire sprinkler systems as a full-time
2012.                                                                                   employee of a Fire Sprinkler Installation
(j) Applicants who hold active Plumbing, Heating or Fuel                                Contractor; or
Piping Technician license may obtain the Plumbing, Heating or                  (4)      a combination of 4000 hours experience in any
Fuel Piping Contractor license in the same category by meeting                          of the categories listed in this Paragraph.
the experience requirement listed in 21 NCAC 50 .0306(a) for         (f) Applicants for licensure in the Fire Sprinkler Inspection
the specific contractor license sought and passage of the business   Contractor classification shall meet experience requirements in
portion of the examination only.                                     accordance with NICET certification criteria.
                                                                     (g) Applicants for initial licensure in the Fire Sprinkler
Authority G.S. 87-18; 87-21(a); 87-21(b).                            Maintenance Technician classification must submit evidence of
                                                                     4000 hours experience at the place for which license is sought as
                                                                     a full-time maintenance employee in facility maintenance with
                                                                     exposure to periodic maintenance of fire protection systems as


26:03                                            NORTH CAROLINA REGISTER                                              August 1, 2011
                                                          169
                                                        PROPOSED RULES

described in 21 NCAC 50. 0515 of this Chapter or 2000 hours of        official the licensee is not relieved by the Board of responsibility
such experience, together with six hours classroom instruction in     to arrange inspection until a certificate of compliance or the
courses approved by the Board consisting entirely of training in      equivalent is obtained from the local code enforcement official
fire system maintenance, repair and restoration to service.           or the licensee has clear and convincing evidence of his effort to
Applicants who have held Fire Sprinkler Maintenance                   obtain same.
Technician license previously at a different facility are not         (b) A licensed contractor shall not allow a permit to be obtained
required to demonstrate experience in addition to the experience      or his license number to appear upon a permit except for work
at the time of initial licensure but shall submit a new application   which he or his employees perform, over which he or a properly
for the new location at which they wish to be licensed.               licensed technician will provide general supervision until the
(h) Applicants for licensure in the Residential Fire Sprinkler        completion of the work for which he holds an executed contract
Installation Contractor classification must hold an active            with the licensed general contractor or property owner and for
Plumbing Class I or Class II Contractor license issued by this        which he receives all the contractual payment. payments.
Board for a minimum of three years and must document                  (c) A plumbing permit is not required for replacement of a
attendance at a 16 hour course approved by the Board pursuant         water heater in a one or two-family dwelling if there is no
to these Rules covering NFPA 13D Multipurpose Residential             change in fuel, energy source, location, capacity, routing or
Plumbing and Residential Fire Sprinkler Systems. Residential          sizing of venting or piping and if the energy use rate or thermal
Fire sprinkler Installation Contractors must maintain Plumbing        input is not increased increased, and if the a licensee of the firm
Contractor license as a condition of renewal of the Residential       personally examines the work at completion completion, and if
Fire sprinkler Installation Contractor license.                       the licensee ensures that leak test has been performed on any
(i) Applicants for license as a plumbing or heating technician        fuel piping. and if the replacement is installed in accordance
shall present evidence adequate to establish 3,000 hours of full-     with the current edition of the State Building Code.
time experience in the installation, maintenance, service or repair   (d) The failure of a licensee to comply with the permit and
of plumbing or heating systems related to the category for which      inspection obligations outlined in this Rule is considered by the
a technician license is sought, whether or not a license was          Board as evidence of incompetence or misconduct in the use of
required for the work performed. Applicants for license as a fuel     license from the Board.
piping technician shall present evidence adequate to establish
1,500 hours of experience in the installation, maintenance,           Authority G.S. 87-18; 87-21; 87-26.
service or repair of fuel piping, whether or not a license was
required for the work performed. Up to one-half the experience        21 NCAC 50 .0403            USE OF LICENSE
may be in academic or technical training related to the field of      (a) A licensed contractor or technician shall not permit the use
endeavor for which examination is requested.                          of his license by any other person.
                                                                      (b) A contractor licensed by the Board shall not bid or contract
Authority G.S. 87-18; 87-21(b).                                       installations requiring license of a type or classification issued
                                                                      by this Board which the licensee does not have except as a part
21 NCAC 50 .0308            REVIEW OF EXAMINATION                     of a documented joint venture with a licensee holding the
(a) Any person who fails to pass an examination may, on               necessary qualification. Bidding without qualification and with
written request, review his or her examination at a time and          an intention to subcontract the unauthorized work does not
place determined by the Board.                                        satisfy this requirement; provided however that, in a contract
(b) In the event an applicant fails an examination for a particular   administered pursuant to G.S. 143-129 and in which more than
qualification three times, the applicant must present evidence of     one classification administered by this Board has been combined
six months additional practical experience involving both design      in the separate contract specifications, a licensee of this Board
and installation of systems of the type for which a license is        holding either of such qualifications may bid both of such
sought together with at least 24 contact hours of additional          classifications of work administered by this Board in addition to
classroom education approved by the Board.                            the classification for which he holds license if the successful
                                                                      bidder obtains an executed written contract with a qualified
Authority G.S. 87-18; 87-21(b); 87-25; 93B-8(c).                      licensee prior to the award of the contract by the awarding
                                                                      authority.
        SECTION .0400 - GENERAL PROCEDURES                            (c) A technician licensed by this Board shall not contract work
                                                                      based on the Technician license.
21 NCAC 50 .0402            PERMITS
(a) A licensed contractor shall ensure that a permit is obtained      Authority G.S. 87-18; 87-23; 87-26.
from the local Code Enforcement official before commencing
any work for which a license is required by the Board except as       21 NCAC 50 .0404            ACTIVE EMPLOYMENT
set out in Paragraph (c) of this Rule. The contractor shall also      (a) In each business location, branch or facility of any kind from
ensure that a request for final inspection is made by himself, the    which work requiring a license pursuant to G.S. 87, Article 2 is:
general contractor or the owner within 10 days of substantial                  (1)      solicited or proposed; or
completion of the work for which a license is required, absent                 (2)      from which contracts for such work are
agreement with the owner and the local Code Enforcement                                 negotiated or entered into; or
official. Absent agreement with the local Code Enforcement


26:03                                             NORTH CAROLINA REGISTER                                               August 1, 2011
                                                           170
                                                         PROPOSED RULES

         (3)       from which requests for such work are               qualification to another licensed corporation, partnership or
                   received, accepted, or dispatched; or               business which has a trade name, upon compliance with G.S. 87-
          (4)      from which such work is carried out;                26.
there shall be on duty the lesser of 1500 hours annually, or all
hours during which the activities described herein are carried         Authority G.S. 87-18; 87-21(a)(5); 87-21(a)(6); 87-26.
out, at least one individual who holds contractor license in the
classification required for the work being proposed or                 21 NCAC 50 .0406           RESPONSIBILITY OF
performed, whose license is listed in the name of the particular       LICENSED PERSON EMPLOYED BY FIRM
firm or business at that location, and who is engaged in the work      (a) The licensed person, contractor, whether individually or for
of the firm at the business location or at firm job sites and who      a corporation, partnership or business with a trade name, is
has the responsibility to make, modify, terminate and set the          responsible for all proposals, bids, contracts, supervision to the
terms of contracts, and to exercise general supervision, as            extent of his qualifications qualifications, compliance with all
defined in Rule .0505 of this Chapter, of all work falling within      applicable codes and standards, and assurance that permits and
his license qualification. Evidence of compliance shall be             inspections are obtained.
required as a condition of renewal or retention of license, and        (b) A contract, and the responsibility imposed on a licensed
falsification shall constitute fraud in obtaining license. The         person to supervise work performed under a contract, may be
standards set forth in Rule 21 NCAC 50 .0512 shall be applied.         assumed by another licensee licensed contractor upon written
(b) If a licensee uses his or her license to qualify a firm and that   notice to and approval by the property owner and local
licensee holds employment elsewhere, no work that requires a           inspection department.
license can be performed by the firm based on the qualification        (c) The contractor license number and qualification of the firm
of that licensee during the hours the licensee is committed or         shall be displayed on firm contracts, proposals, permit
active in employment elsewhere.                                        applications, and telephone yellow page advertising.
(c) A field or project office used solely to carry out an existing
contract or contracts entered into by the main license office and      Authority G.S. 87-18; 87-26.
from which none of the other activities in Rule .0404(a) are
conducted shall not be deemed a separate place of business or          21 NCAC 50 .0407              CORPORATIONS,
branch requiring compliance with Rule .0404(a).                        PARTNERSHIPS AND TRADE NAMES
(d) A Class A Gas Dealer as defined in G.S. 119-56 or provider         (a) Licensees are required to list their license with the Board in   Formatted: Font: 10 pt
of natural gas holding certificate of public convenience and           the name in which they conduct business.
                                                                                                                                            Formatted: Font: 10 pt
necessity under Chapter 62 of the General Statutes shall not           (a)(b) A contractor license may be issued or renewed in the
contract or carry out fuel piping installations which require a        name of a corporation, partnership or business with a trade name
license from this Board unless such Dealer or natural gas              upon compliance with the provisions of G.S. 87-26, verified by
provider employs in the particular office or branch a full-time        the execution of forms furnished by the Board.
bona-fide employee, who holds a Fuel Piping Technician license         (b)(c) Additional licensees may be added to licenses issued in
or Fuel Piping Contractor license and whose license is listed in       the above manner upon verifications of compliance with the
the name of the Dealer or natural gas provider at the specific         provisions of G.S. 87-26. In the event a licensee terminates his
branch office consistent with Paragraph (a) of this Rule.              association with a corporation, partnership, or business with a
                                                                       trade name, both the firm and the licensee are obligated to notify
Authority G.S. 87-18; 87-21(a)(5); 87-21(a)(6); 87-26.                 the Board within 30 days.
                                                                       (c)(d) A person who has a license which has been expired less
21 NCAC 50 .0405            MULTIPLE LICENSES                          than three years may be added to an active license issued in the
(a) In order to maintain the identity of firms and allow effective     name of a corporation, partnership or business with a trade
supervision, each licensed contractor or technician shall qualify      name, upon written request, completion of forms provided by the
only the business location where he is primarily located.              Board and payment of the fee set forth in Rule .1102 of this
(b) A licensee may be listed on only one contractor license at         Chapter.
any given time, whether the license is issued in the name of the       (d)(e)      The license number assigned to a corporation,
individual or in the name of a firm; provided, however, that the       partnership, or business with a trade name shall be that of the
fire sprinkler maintenance technician qualification may be listed      first licensee listed on the license.
separately in the name of the employer to which restricted.            (e)(f) A corporation, partnership or business with a trade name
(c) A licensee other than the holder of a Fire Sprinkler               which is issued a license is subject to the provisions of G.S. 87,
Maintenance Technician license, may, The holder of                     Article 2 and to these Rules.
qualification as a contractor may, upon deletion of his name and
qualifications from a firm license, reinstate his personal license,    Authority G.S. 87-18; 87-22; 87-26.
either as an individual or in the name of some other corporation,
partnership, or business that has a trade name, upon compliance        21 NCAC 50 .0412          GUIDELINES ON
with G.S. 87-26.                                                       DISCIPLINARY ACTIONS
(d) A technician licensee, other than the holder of a Fire             (a) The provisions of G.S. 87, Article 2, the rules of the Board
Sprinkler Maintenance Technician license, may, upon deletion           and the matters referenced therein are the guidelines by which
of his name and qualification from a firm license, move his


26:03                                              NORTH CAROLINA REGISTER                                             August 1, 2011
                                                            171
                                                        PROPOSED RULES

the conduct of an entity subject to the authority of the Board are   requisite skill and that the installation is made properly, safely
evaluated.                                                           and in accordance with applicable codes and rules.
(b) The Board may suspend a license or impose probation              (b) The provisions of the North Carolina Building Code,
provisions for violations of 21 NCAC 50 .0402, 21 NCAC 50            including the provisions of codes and standards incorporated by
.0403, 21 NCAC 50 .0404 and 21 NCAC 50 .0405. Repeated               reference, and adopted by the Building Code Council of North
violations may result in revocation.                                 Carolina are the minimum standard of competence applicable to
(c) The Board may suspend a contractor's license or impose           contractors licensed by the Board. Licensees shall design and
probationary terms when a licensee fails to comply with the          install systems which meet or exceed the minimum standards of
supervision requirements of 21 NCAC 50 .0404, 21 NCAC 50             the North Carolina State Building Code, manufacturer's
.0406 or 21 NCAC 50 .0505. Multiple violations within the            specifications and installation instructions and standards
same proceeding may result in revocation.                            prevailing in the industry.
(d) The Board may suspend or revoke a license where it is            (c) Work performed under Rule .0513, Rule .0514, and Rule
found that the licensee has failed to comply with the minimum        .0515 shall be performed by the licensed technician pursuant to
standards of competence as set forth in 21 NCAC 50 .0505(b).         the license held by that person.
The Board may condition the subsequent reinstatement of              (d) Every newly installed residential heating system, air
license upon passing of the Board's examination or completion        conditioning system or both shall be designed and installed to
of specified educational courses. The Board may impose               maintain a maximum temperature differential of four degrees
additional conditions of reinstatement.                              Fahrenheit room-to-room and floor-to-floor. On multilevel
(e) The Board may suspend or revoke the license of a contractor      structures, contractors are required to either provide a separate
where it is found that the contractor abandoned a job after          HVAC system for each floor or to install automatically
obtaining funds from the owner.                                      controlled zoning equipment for each level with individual
(f) As a part of these provisions, the Board may revoke the          thermostats on each level to control the temperature for that
license of any licensee where it is found that the contractor        level. The seasonal adjustment needed to maintain the four
licensee through a violation of G.S. 87, Article 2 has increased     degrees Fahrenheit room-to-room and floor-to-floor maximum
the risk of exposure to carbon monoxide or other harmful             temperature differential shall not be accomplished through the
vapors, fire, or damage resulting there from, the release of         use of manual dampers.
sewage, methane gas, or contamination of the potable water           (e) All licensed HVAC contractors or licensed technicians are
supply.                                                              required to perform a thorough room-by-room load calculation
(g) The foregoing provisions are illustrative guidelines of          for all new newly installed residential structures prior to
sanctions imposed by the Board and are not intended to limit the     installing heating systems, air conditioning systems, or both,
authority of the Board or the variety of facts for which action      prior to the installation, which calculations shall be specific to
may be required in a particular situation.                           the location and orientation where the HVAC system or
(h) Any of the foregoing actions may result in a probation           equipment is to be installed. A written record of the system and
period or combination of suspension and probation. Condition         equipment sizing information shall be provided to the
of probation may include remediation, education, reexamination,      homeowner, owner or general contractor upon request and a
record-keeping or other provisions likely to deter future            copy shall be maintained in the job file of the licensee for a
violation or remedy perceived shortcomings.                          minimum of six years. Load calculations are required to be
                                                                     performed by licensee who holds the appropriate license from
Authority G.S. 87-18; 87-23.                                         this Board or by a North Carolina Licensed Professional
                                                                     Engineer.
      SECTION .0500 - POLICY STATEMENTS AND                          (f) When either a furnace, condenser condenser, package unit or
             INTERPRETATIVE RULES                                    air handler in an existing residential heating or air conditioning
                                                                     system is replaced, the licensed HVAC contractor or licensed
21 NCAC 50 .0505            GENERAL SUPERVISION AND                  technician is required to perform a minimum of a whole house
STANDARD OF COMPETENCE                                               block load calculation. When a furnace, condenser condenser,
(a) The general supervision required by G.S. 87-26 is that           package unit or air handler in a residential heating or air
degree of supervision which is necessary and sufficient to ensure    conditioning system is replaced, it is the responsibility of the
that the contract is performed in a workmanlike manner and with      licensee to ensure that all systems and equipment are properly
the requisite skill and that the installation is made properly,      sized. The licensee may utilize industry standards, reference
safely and in accordance with applicable codes and rules.            materials, evaluation of the structure, and load calculations. A
General supervision requires that review of the work done            written record of the system and equipment sizing information
pursuant to the license be performed by a licensee of the firm       shall be provided to the homeowner, owner or general contractor
while the work is in progress. If a Plumbing, Heating or Fuel        upon request and a copy shall be maintained in the job file of the
Piping Contractor licensed by this Board employs a properly          licensee for a minimum of six years. If a load calculation was
licensed Plumbing, Heating or Fuel Piping Technician, whose          not performed or if a load calculation was performed and it is
Technician license is listed under the name of that Licensed         later determined by the Board that the unit installed was
contractor, then the licensed technician can review and supervise    undersized or oversized, the installation will be considered as
work in lieu of the licensed contractor as a means to assure that    evidence of incompetence. Load calculations are required to be
the contract is performed in a workmanlike manner and with the       performed by licensee who holds the appropriate license from


26:03                                            NORTH CAROLINA REGISTER                                             August 1, 2011
                                                          172
                                                          PROPOSED RULES

this Board or by a North Carolina Licensed Professional                 general contractor to the licensee of the Board, and provided the
Engineer.                                                               licensee upon whose qualifications the license of the employing
(g) A licensed plumbing contractor involved in installation or          contractor is based remains a person meeting all four of the
replacement of a well pump or pumping equipment which                   indicia of employment set out in Paragraph (a) of this Rule and
includes installation or reinstallation of a well seal is required to   is not contracted by or acting as a labor supplier.
be present on site until the well is disinfected and sealed.
(h) At the time of completion of initial installation and upon any      Authority G.S. 87-18; 87-25.
subsequent alteration, licensees who install multipurpose
residential fire sprinkler systems shall assure that the two most       21 NCAC 50 .0516            RESIDENTIAL FIRE
remote fire sprinkler heads, as identified by the design                SPRINKLER INSTALLATION LICENSE
professional who designed the system, undergo a water flow test         License in the Residential Fire Sprinkler Installation Contractor
at the water supply delivery volume and delivery pressure and           classification is required of persons who engage in the business
assure that the system flows the required amount of water               of contracting to perform or performing the installation of
through each of the tested fire sprinkler heads. Failure to carry       multipurpose single one or two family residential water-based
out the flow test or failure of a system to provide the required        plumbing and fire sprinkler piping systems consistent with
volume or water when placed in operation due to fire or                 NFPA-13D. All multipurpose single one or two family
otherwise shall be considered evidence of misconduct and                residential plumbing and fire sprinkler piping systems are
incompetence on the part of the installing licensee.                    required to be hydraulically calculated and designed by a
                                                                        licensed North Carolina Fire Sprinkler Installation Contractor or
Authority G.S. 87-18; 87-23; 87-26.                                     a North Carolina Licensed Professional Engineer for each
                                                                        specific installation. Residential Fire Sprinkler Installation
21 NCAC 50 .0512            EMPLOYEES EXEMPTED                          Contractors are required to perform each installation consistent
FROM LICENSURE                                                          with the calculation and design. Any single purpose single
(a) An unlicensed person who is directly and regularly                  family residential water-based fire sprinkler system shall be
employed in the ordinary course of business by a contractor             installed by a licensed Fire Sprinkler Installation Contractor.
licensed pursuant to G.S. 87, Article 2 is not required to have a
license and shall not be subject to an action for injunctive relief     Authority G.S. 87-21.
brought by the Board. Factors establishing whether the
individual is directly and regularly employed in the ordinary           21 NCAC 50 .0517           PLUMBING, HEATING AND                       Formatted: Font: 10 pt, Font color: Auto
course of business of such contractor include, the following:           FUEL PIPING TECHNICIAN LICENSE                                         Formatted: Font: 10 pt, Font color: Auto
         (1)       whether the individual is on the licensed            (a) The holder of license as a Heating, Group 1 Technician shall
                   contractor's payroll;                                be a full-time employee of a Heating, Group No. 1 Contractor.          Formatted: Font: 10 pt, Font color: Auto
         (2)       whether taxes are withheld from the payment          (b) The holder of license as a Heating, Group 2 Technician shall       Formatted: Font: 10 pt, Underline, Font color:
                   to the individual and the contractor performs        be a full-time employee of a Heating, Group No. 2 Contractor.          Auto
                   such other acts as are lawfully required of an       (c) The holder of license as a Heating, Group 3 Technician shall       Formatted: Font: 10 pt, Underline, Font color:
                   employer;                                            be a full-time employee of a Heating, Group No. 3 Contractor.          Auto
         (3)       whether the licensed contractor exercises            (d) The holder of license as a Plumbing Technician shall be a          Formatted: Font: 10 pt, Underline, Font color:
                   control and supervision over the method,             full-time employee of a Plumbing Contractor.                           Auto
                   manner and details of the individual's work;         (e) The holder of license as a Fuel Piping Technician shall be a
                                                                                                                                               Formatted: Font: 10 pt, Underline, Font color:
                   and                                                  full-time employee of a Fuel Piping Contractor licensee or a
                                                                                                                                               Auto
         (4)       whether the licensed contractor, and not the         Class A Gas Dealer pursuant to 21 NCAC 50 .0404(c).
                   unlicensed person, is and remains obligated to                                                                              Formatted: Font: 10 pt, Underline, Font color:
                                                                                                                                               Auto
                   the property owner or general contractor for         Authority G.S. 87-18; 87-21(b).
                   the work.                                                                                                                   Formatted: Font: 10 pt, Underline, Font color:
(b) Persons acting as independent contractors, consultants or                      SECTION .1000 – CONTESTED CASES                             Auto
subcontractors, or paid as such, are not bona fide employees;                                                                                  Formatted: Font: 10 pt, Underline, Font color:
provided that licensed contractors may utilize employees shared         21 NCAC 50 .1002              REQUEST FOR HEARING                      Auto
with a labor supplier under a written contract which may allocate       (a) Any time an aggrieved party individual believes that               Formatted: History
payroll or tax withholding obligations to the labor supplier while      individual's rights, duties, or privileges have been affected by the
                                                                                                                                               Formatted: Font: 10 pt
reserving control, supervision and obligation to the owner or           Board's administrative action, but has not received notice of a
general contractor to the licensee of the Board, and provided the       right to an administrative hearing, that individual may file a         Formatted: Font: 10 pt
licensee upon whose qualifications the license of the employing         formal request for a hearing.
contractor is based remains a person meeting all four of the            (b) Before an individual may file a request, that individual is
indicia of employment set out in Paragraph (a) of this Rule and         encouraged to exhaust all reasonable efforts to resolve the issue
is not contracted by or acting as a labor supplier.                     informally with the Board.
(c) Licensed contractors may utilize employees shared with a            (c) Subsequent to such informal action, if still dissatisfied, the
labor supplier under a written contract which may allocate              individual should submit a request to the Board's office, with the
payroll or tax withholding obligations to the labor supplier while      request    bearing      the notation:           REQUEST        FOR     Formatted: Font: 10 pt
reserving control, supervision and obligation to the owner or


26:03                                              NORTH CAROLINA REGISTER                                                August 1, 2011
                                                            173
                                                       PROPOSED RULES

ADMINISTRATIVE HEARING. The request should contain                  (e) The annual license fee for fire sprinkler installation
the following information:                                          contractor and fire sprinkler inspection contractor licenses by
         (1)      name and address of the petitioner,               this Board is one hundred thirty dollars ($130.00).
         (2)      a concise statement of the action taken by the    (f) The annual license fee for Fire Sprinkler Maintenance
                  Board which is challenged,                        Technician is one hundred thirty dollars ($130.00).
         (3)      a concise statement of the way in which the       (g) The annual license fee for Residential Fire Sprinkler
                  petitioner has been aggrieved, and                Installation Contractor is one hundred thirty dollars ($130.00).
         (4)      a clear and specific statement of request for a   (h) The annual license fee for Fire Sprinkler Inspection             Formatted: Font: 10 pt
                  hearing.                                          Technician is one hundred thirty dollars ($130.00).
(d) The request will be acknowledged promptly and, if deemed        (i) The annual license fee for all Fuel Piping Technician license    Formatted: Font color: Auto
appropriate by the Board in accordance with 21 NCAC 50 Rule         listed with a Class A Gas Dealer is one hundred thirty dollars
.1003, a hearing will be scheduled.                                 ($130.00).
                                                                    (j) The annual license fee for Plumbing, Heating or Fuel Piping
Authority G.S. 87-18; 150B-22; 150B-38.                             Technician licensees listed under a licensed Plumbing, Heating
                                                                    or Fuel Piping Contractor is sixty-five dollars ($65.00).            Formatted: Font color: Auto
21 NCAC 50 .1004          NOTICE OF HEARING
(a) Hearings of the Board are commenced and conducted               Authority G.S. 87-18; 87-21; 87-22.
consistent with G.S. 150B-3A.                                                                                                            Formatted: Font: 10 pt, Not Bold, Not Italic
(b) If the Board determines that the public health, safety or       21 NCAC 50 .1105            ANNUAL REPORTS
welfare requires such action, it may issue an order summarily       The Board files all reports required by G.S. 93B-2 as well as the    Formatted: Underline
suspending a license. Upon service of the order, the licensee to    audit required by G.S. 93B-4.           In case of unforeseen
whom the order is directed shall immediately cease the practice     circumstances resulting in untimely filing of a report required by
of plumbing, heating or fire sprinkler contracting in North         G.S. 93B-2, the Board will hold in escrow any fees collected
Carolina. The Board shall promptly give notice of hearing           between the filing deadline and the filing date. Issuance of         Formatted: Underline
pursuant to Article 3A, G.S. 150B-38 following service of the       licenses, renewals and application processing will continue
order. The suspension shall remain in effect pending issuance       during any interval created by the untimely filing of a report
by the Board of a final agency decision pursuant to G.S. 150B-      required by G.S. 93B-2.
42.
                                                                    Authority G.S. 93B-2.
Authority G.S. 87-18; 150B-3(c); 150B-38.
                                                                          SECTION .1400 – CONTINUING EDUCATION
21 NCAC 50 .1005          WHO SHALL HEAR
CONTESTED CASES                                                     21 NCAC 50 .1401           CONTINUING EDUCATION
All administrative hearings will be conducted by the Board, a       REQUIREMENTS                                                         Formatted: Font: 10 pt
panel consisting of a majority of the members of the Board, or      (a) Beginning with renewals of license for years beginning on or
an administrative law judge designated to hear the case pursuant    after January 1, 2003, each holder of a Plumbing, Heating or
to G.S. 150B-40(e). Board.                                          Fuel Piping license, must have completed six hours of approved       Formatted: Font: 10 pt
                                                                    continuing education for each calendar year as a condition of
                                                                                                                                         Formatted: Font: 10 pt
Authority G.S. 87-18; 150B-11; 150B-38; 150B-40.                    license renewal.
                                                                    (b) Beginning with renewals of license for years beginning on
                   SECTION .1100 - FEES                             or after January 1, 2010, as part of and not in addition to the
                                                                    requirements set out in Paragraph (a) of this Rule, each applicant
21 NCAC 50 .1102              LICENSE FEES                          for license renewal, other than fire sprinkler licensees, must
(a) Except as set out in this Rule, the annual license fee for      complete two hours of instruction devoted entirely to N.C.
plumbing, heating and fuel piping contractor licenses by this       Building Code including recent changes or amendments' to those
Board is one-hundred thirty dollars ($130.00).                      codes annually.
(b) The annual license fee for a licensed individual who holds      (c) Courses accredited for renewal of Plumbing, Heating or Fuel
qualifications from the Code Officials Qualification Board, is      Piping license, must be in areas related to plumbing, heating, air
employed full-time as a local government plumbing, heating or       conditioning or fuel piping contracting such as the technical and
mechanical inspector and who is not actively employed or            practical aspects of the analysis of plans and specifications,
engaged in business requiring license from this Board is twenty-    estimating costs, fundamentals of installation and design,
five dollars ($25.00).                                              equipment, duct and pipe sizing, code requirements, fire hazards
(c) The initial application fee for license without examination     and other business ethics, taxation, payroll, cash management,
conducted by the Board is thirty dollars ($30.00).                  bid and contract preparation, customer relations subjects as those
(d) The annual license fee for a contractor or fire sprinkler       may relate to engaging in business as a plumbing, heating or fuel
inspection technician whose qualifications are listed as the        piping contractor or to plumbing or heating systems.
second or subsequent individual on the license of a corporation,    (d) Persons holding multiple qualifications from the Board must
partnership, or business with a trade name under Paragraphs (a)     complete at least six hours annually, but are not required to take
or (c) of this Rule is thirty dollars ($30.00).                     hours each year in each qualification, except Plumbing


26:03                                            NORTH CAROLINA REGISTER                                            August 1, 2011
                                                          174
                                                        PROPOSED RULES

Contractor licensees who also hold a Residential Fire Sprinkler       (e)    Instructors in Board-approved courses shall receive
Installation Contractor license must obtain six hours continuing      continuing education credit for lecture hours in approved
education annually in plumbing and four hours continuing              courses.
education annually in residential fire sprinkler installation.        (f) Members of the Board, Board Staff and Resolution Review
Licensees with multiple qualifications shall take instruction so as   Committee shall receive continuing education credit for hours
to remain current in all areas of contracting work in which           spent in hearings, resolution review conferences or in monitoring
engaged.                                                              continuing education courses.         Licensees sitting on the
(e) Licenses may not be renewed without documentation of              Resolution Review Committee or attending formal hearings
course attendance, course name, course number, content and            other than as a Respondent shall receive credit for such hours,
teacher. Falsification or misstatement of continuing education        but are not relieved of the necessity to obtain the code hours
information shall be grounds for failure to renew licenses and        required by 21 NCAC 50 .1401(b)(1).
disciplinary action, including revocation or suspension of            (g) Licensees who have been called to active duty with any
licenses.                                                             branch of the United States Military Service are not required to
(f) Individuals who obtained licensure by means of the NICET          obtain continuing education credit hours during times they are
certification as a Fire Sprinkler Installation Contractor, Fire       deployed on active duty outside North Carolina and will not be
Sprinkler Inspection Contractor, or Fire Sprinkler Inspection         required to obtain continuing education credit hours for the
Technician, must maintain current certification with NICET as a       license year in which they return to North Carolina from active
condition of annual license renewal, and shall present evidence       duty. The licensee will be required to obtain continuing
of same to the Board. In addition, licensees in this class must       education credit hours the years following return from
also obtain six hours of Board-approved continuing education          deployment on active duty outside North Carolina. In order to
classes for each calendar year as a condition of license renewal.     qualify for exemption from continuing education credit hours
(g) Beginning with renewals of license on or after January 1,         based on active military duty, the licensee must submit a copy of
2003, each holder of a Fire Sprinkler Installation Contractors or     the military orders documenting their active duty military
Fire Sprinkler Inspection Contractor or Technician license not        deployment and return.
required to be current on the continuing education requirements
of NICET must complete six hours of approved continuing               Authority G.S. 87-21(b)(3); 87-22.
education in areas related to fire sprinkler contracting during the
preceding calendar year as a condition of license renewal.            21 NCAC 50 .1403            COMPUTATION OF
Licensees in the Fire Sprinkler Maintenance Technician                CONTINUING EDUCATION HOURS
classification shall obtain four hours of approved classroom          (a) To obtain one hour of continuing education credit a licensee
continuing education annually relevant to the systems they            and a course provider must certify the licensee's completion of
maintain.                                                             one hour of actual instruction in a sponsored course. Except
                                                                      with prior approval by the Board, a licensee shall receive no
Authority G.S. 87-21(b)(3); 87-22.                                    credit for a course for which the licensee has previously received
                                                                      credit in the current or two preceding calendar years. Approval
21 NCAC 50 .1402            EXEMPTIONS AND CREDITS                    shall be granted only for courses on building code content and
(a) Licensees shall not carry over continuing education hours         changes therein.
from one calendar year to the next.                                   (b) Actual instruction does not include introductory remarks,
(b) Newly licensed individuals shall have no continuing               breaks, business meetings, marketing of equipment,
education requirements for the calendar year in which they first      advertisements or time spent on non-approved subjects. Each
become licensed.                                                      hour of actual instruction may include one break of 10 minutes
(c) Licensees who are unable to fulfill the required number of        duration.
hours as the result of illness as certified by an attending
physician and who will not be engaged in bidding, supervising         Authority G.S. 87-21(b)(3); 87-2.
or other activities for which license is required may petition the
Board in writing for an exemption or request approval of an           21 NCAC 50 .1404           COURSE REQUIREMENTS AND
individualized plan tailored to their physical limitations. Such      LIMITATIONS
requests shall be approved within 90 days consistent with the         (a) In order for course credit to be obtained, the course must be
requirements applicable to all licensees.                             approved and consist of instruction in areas related to plumbing,
(d) Licensees who are over the age of 65, and who shall not be        heating, air conditioning and fire sprinkler contracting or
engaged in bidding, supervising or other activities for which         inspection contracting such as the technical and practical aspects
license is required during the coming year, except as an              of the analysis of plans and specifications, estimating costs,
employee of another licensee, may apply to the Board and obtain       fundamentals of installation and design, equipment, duct and
an exemption. If exemption is granted and the licensee                pipe sizing, and NFPA code requirements, fire hazards and other
thereafter wishes to engage in activity requiring license, the        subjects as those may relate to engaging in business as a
continuing education must be completed and satisfactory proof         plumbing, heating, fuel piping or fire sprinkler contractor or to
provided to the Board before any activity requiring license is        plumbing or heating or fire sprinkler systems. Business ethics,
undertaken.                                                           taxation, payroll, cash management, bid and contract



26:03                                             NORTH CAROLINA REGISTER                                             August 1, 2011
                                                           175
                                                        PROPOSED RULES

preparation, customer relations or similar subjects related to        participants together with certification that the course was
plumbing or heating contracting shall also be approved.               provided consistent with the application.         The foregoing
(b) In order for course credit to be obtained, the course must be     information shall be submitted within 15 days of the course date
taught by the instructor or alternate listed when the course was      set out on the application.
approved by the Board, absent specific request and approval of        (d) Providers who fail to provide the information set forth in
the course as modified prior to the delivery of the program.          Paragraph (c) of this Rule shall not thereafter be approved to
(c) Courses shall have a minimum of two hours of actual               conduct a course.
instruction and a maximum of six hours of actual instruction, per     (e) Licensees may select courses other than those offered by
day.                                                                  pre-approved providers while attending out of state educational
(d) Courses shall be held in facilities conducive to learning.        functions. In order to obtain approval, the licensee must submit
Such facilities include community colleges, technical schools, or     a written application for approval on a form obtained from the
community centers.                                                    Board upon completion of each such course. In lieu of such
(e) Courses shall be open to all interested licensees that the host   form, an advertising brochure may be submitted, provided the
facility can reasonably accommodate and for audit by Board            brochure includes the topic, content of lecture material, date,
representatives; courses may not be restricted to employees,          time, location, name and qualifications of speaker and the
dealers or members of a particular firm or group.                     number of contact hours received upon completion of the
(f) Once listed on the six-month course roster, a course may not      program.      The licensee must also provide independent
be cancelled during that six month period.                            verification of attendance. Board evaluation of courses not pre-
(g) Though courses may have commercial sponsors, the courses          approved may result in disapproval.
shall not include promotion of products or services of a
particular firm or manufacturer.                                      Authority G.S. 87-21(b)(3); 87-22.
(h) Correspondence, home study, license exam preparation
(cram) courses shall not be approved.                                 21 NCAC 50 .1407           CERTIFICATION OF COURSE
(i) For the information of all licenses, the Board shall maintain a   COMPLETION BY LICENSEES AND PROVIDERS
calendar of all courses available during a six-month period.          (a)     Licensees shall submit, prior to license renewal, a
(j) Licensees are required to bring with them to any continuing       certification of the number of continuing education hours
education course a current code book relevant to any particular       completed in that calendar year.
course where building code is being taught.                           (b) Upon request, applicants shall provide evidence of the
(k) The maximum number of students allowed in any Board-              course title, number, teacher, location and date, hours in fact
approved continuing education class shall be 100.                     attended, and a copy of the certificate provided by the teacher at
                                                                      the conclusion of the course.
Authority G.S. 87-21(b)(3); 87-22.
                                                                      Authority G.S. 87-21(b)(3); 87-22.
21 NCAC 50 .1405             APPROVAL OF COURSES
(a) To obtain approval of a course a provider or proposed             21 NCAC 50 .1408            ADVERTISEMENTS BY
provider must submit a written application to the board on or         COURSE PROVIDERS OR INSTRUCTORS
before the first day of September of each year for courses to be      Providers of approved courses shall provide an advance copy of
offered the following January through June and on or before the       any brochure or marketing material for review 10 days before
first day of March each year for courses to be offered the            use and shall include in brochures and course descriptions a
following July through December. The application must                 statement substantially as follows:
include:                                                              This course has been approved by the North Carolina State
         (1)       two complete sets of written course materials      Board of Examiners of Plumbing, Heating & Fire Sprinkler
                   and a detailed course outline; and                 Contractors for continuing education credit toward license
         (2)       an application cover sheet on a form supplied      renewal in the amount of hours. This course is not sponsored
                   by the Board identifying the applicant, the        by the Board.
                   name, training and experience of all speakers,
                   the proposed date(s) of the course, the host       Authority G.S. 87-21(b)(3); 87-22.
                   facility, the place where applications for
                   enrollment should be sent, the cost, and the       21 NCAC 50 .1409           TERMINATION OF COURSE OR
                   total continuing education hours being offered.    PROVIDER APPROVAL
(b) Preliminary review of course applications shall be carried        The Board may suspend or terminate approval of any course or
out by a committee appointed by the Board, that shall include         all courses offered by a provider if the Board finds a failure to
some providers of approved courses.                    Committee      comply with the Board's rules, the course outline, incompetence
recommendations shall be presented to the Board for final             or misconduct of faculty or for misstatements as to content or
approval.                                                             participation, and may specify the conditions under which future
(c) As a condition of course approval, providers shall agree to       applications would be favorably considered.
submit to the board, in the form provided by the Board, an
alphabetical listing of all licensees who attended and completed      Authority G.S. 87-21(b)(3); 87-22.
the course and a copy of any course materials distributed to


26:03                                             NORTH CAROLINA REGISTER                                             August 1, 2011
                                                           176
                                                       PROPOSED RULES

21 NCAC 50 .1410           PETITIONS FOR                            150B-21.3(b2) from 10 or more persons clearly requesting
REINSTATEMENT OF LICENSE                                            review by the legislature and the Rules Review Commission
Following a finding of noncompliance with these continuing          approves the rule, the rule will become effective as provided in
education requirements, renewal will not be allowed, discipline     G.S. 150B-21.3(b1). The Commission will receive written
may be imposed as indicated by 21 NCAC 50 .1401 of this             objections until 5:00 p.m. on the day following the day the
Section, and the licensee may be required to complete sufficient    Commission approves the rule. The Commission will receive
coursework to eliminate the deficiency prior to license             those objections by mail, delivery service, hand delivery, or
reinstatement or renewal.                                           facsimile transmission. If you have any further questions
                                                                    concerning the submission of objections to the Commission,
Authority G.S. 87-21(b)(3); 87-22.                                  please call a Commission staff attorney at 919-431-3000.

              ********************                                  Fiscal Impact:
                                                                             State
   CHAPTER 54 - NORTH CAROLINA PSYCHOLOGY                                    Local
                    BOARD                                                    Substantial Economic Impact (>$500,000)
                                                                             None
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Psychology Board intends to amend the rule cited as 21               SECTION .1600 - GENERAL PROVISIONS
NCAC 54 .1605.
                                                                    21 NCAC 54 .1605            FEES
Proposed Effective Date: December 1, 2011                           In addition to fees specified in G.S. 90, Article 18A, the
                                                                    following charges shall be assessed for the indicated services:
Public Hearing:                                                              (1)     eight dollars ($8.00) - copy of annual register
Date: August 17, 2011                                                                of licensed psychologists;
Time: 9:00 a.m.                                                              (2)     five dollars ($5.00) - copy of 21 NCAC 54;
Location: NC Psychology Board, 895 State Farm Road, Suite                    (3)     two hundred fifty dollars ($250.00) ($200.00) -
101, Boone, NC 28607                                                                 renewal of license;
                                                                             (4)     the cost of the examination set by the vendor
Reason for Proposed Action: Additional revenue is needed for                         to the Board plus fifty dollars ($50.00) twenty-
the Board to continue to carry out its statutory mandate to                          five dollars ($25.00) - national written
protect the public from the practice of psychology by unqualified                    examination;
persons and from unprofessional conduct by persons licensed to               (5)     one two hundred dollars ($200.00) ($100.00) -
practice psychology. Examination and renewal fees have not                           state examination;
been raised since 1994.                                                      (6)     twenty five cents ($0.25) per page - copy of
                                                                                     minutes of board meetings, transcript of
Link to agency website: www.psychologyboard.org                                      hearing, or file documents;
                                                                             (7)     one hundred dollars ($100.00) - application
Procedure by which a person can object to the agency on a                            fee;
proposed rule: Objections to this Rule may be submitted, in                  (8)     one hundred dollars ($100.00) - reinstatement
writing, to Martha Storie, Executive Director, NC Psychology                         fee;
Board, 895 State Farm Road, Suite 101, Boone, NC 28607;                      (9)     twenty dollars ($20.00) - returned check;
email mstorie@ncpsychologyboard.org; fax to Martha Storie at                 (10)    ten dollars ($10.00) - each written license
(828) 265-8611; or at the public hearing. Persons wishing to                         verification, whether submitted individually or
make oral presentations at the hearing are requested to notify                       on a list;
Ms. Storie of such no later than 5:00 p.m. on August 15, 2011.               (11)    costs of disciplinary action as follows:
                                                                                     (a)        three hundred dollars ($300.00) -
Comments may be submitted to:           Martha Storie, NC                                       consent order; and
Psychology Board, 895 State Farm Road, Suite 101, Boone, NC                          (b)        three hundred dollars ($300.00) -
28607;       fax        (828)       265-8611;         email                                     failure to appear on noticed hearing
mstorie@ncpsychologyboard.org                                                                   date or failure to give at least 72
                                                                                                hours notice of a request to continue
Comment period ends: September 30, 2011                                                         the hearing; and
                                                                                     (c)(b) three hundred dollars ($300.00) per
Procedure for Subjecting a Proposed Rule to Legislative                                         hour for a hearing which results in
Review: If an objection is not resolved prior to the adoption of                                disciplinary action, with a minimum
the rule, a person may also submit written objections to the                                    charge of three hundred dollars
Rules Review Commission after the adoption of the Rule. If the                                  ($300.00) for the first hour or portion
Rules Review Commission receives written and signed                                             thereof, and then prorated thereafter
objections after the adoption of the Rule in accordance with G.S.                               for each half-hour;


26:03                                            NORTH CAROLINA REGISTER                                             August 1, 2011
                                                          177
                                                       PROPOSED RULES

         (12)    fifty dollars ($50.00) - registration fee for      the rule, a person may also submit written objections to the
                 certificate of registration for professional       Rules Review Commission after the adoption of the Rule. If the
                 corporation or limited liability company; and      Rules Review Commission receives written and signed
         (13)    twenty-five dollars ($25.00) - renewal fee for     objections after the adoption of the Rule in accordance with G.S.
                 certification of registration for professional     150B-21.3(b2) from 10 or more persons clearly requesting
                 corporation or limited liability company.          review by the legislature and the Rules Review Commission
Authority G.S. 12-3.1(c); 55B-10; 55B-11; 90-270.9; 90-             approves the rule, the rule will become effective as provided in
270.15(c); 90-270.18(b)(c).                                         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
        CHAPTER 58 - REAL ESTATE COMMISSION                         facsimile transmission. If you have any further questions
                                                                    concerning the submission of objections to the Commission,
Notice is hereby given in accordance with G.S. 150B-21.2 that       please call a Commission staff attorney at 919-431-3000.
the NC Real Estate Commission intends to adopt the rule cited
as 21 NCAC 58A .0510, amend the rules cited as 21 NCAC 58A          Fiscal Impact:
.0107, .0114, .0402-.0403, .0405, .0504-.0505, .0616, .1902-                 State
.1903; 58C .0207, .0603; 58E .0204, .0507, and repeal the rule               Local
cited as 21 NCAC 58A .0406.                                                  Substantial Economic Impact (>$3,000,000)
                                                                             None
Proposed Effective Date: January 1, 2012
                                                                         SUBCHAPTER 58A - REAL ESTATE BROKERS
Public Hearing:
Date: October 12, 2011                                                      SECTION .0100 - GENERAL BROKERAGE
Time: 9:00 a.m.
Location: NC Real Estate Commission, 1313 Navaho Drive,             21 NCAC 58A .0107           HANDLING AND ACCOUNTING
Raleigh, NC 27609                                                   OF FUNDS
                                                                    (a) Except as provided herein, all monies received by a licensee
Reason for Proposed Action:                                         acting in his or her fiduciary capacity shall be deposited in a
21 NCAC 58A .0107, .0114, .0402-.0403, .0405, .0504-.0505,          trust or escrow account maintained by a broker not later than
.0616, .1902-.1903; 58C .0207, .0603; 58E .0204, .0507 – To         three banking days following receipt of such monies except that
clarify the rules in light of suggestions from the public,          earnest money deposits paid by means other than currency which
licensees, and the Commission's staff and to bring the rules into   are received on offers to purchase real estate and tenant security
conformity with recent legislative changes to G.S. 47E and G.S.     deposits paid by means other than currency which are received
93A, enacted in the General Assembly session by S.L. 2011-217       in connection with real estate leases shall be deposited in a trust
and S.L. 2011-362.                                                  or escrow account not later than three banking days following
21 NCAC 58A .0406 – To clarify the rules in light of suggestions    acceptance of such offer to purchase or lease; the date of
from the public, licensees, and the Commission's staff.             acceptance of such offer to purchase or lease shall be set forth in
21 NCAC 58A .0510 – To bring the rules into conformity with         the purchase or lease agreement. All monies received by a
recent legislative changes to G.S. 93A, enacted in the last         provisional broker shall be delivered immediately to the broker
General Assembly session by S.L. 2011-217.                          by whom he or she is employed, except that all monies received
                                                                    by nonresident commercial licensees shall be delivered as
Link to agency website: www.ncrec.gov                               required by Rule .1808 of this Subchapter. A licensee may
                                                                    accept custody of a check or other negotiable instrument made
Procedure by which a person can object to the agency on a           payable to the seller of real property as payment for option
proposed rule: Any person who objects or who has a comment          money or option fee in connection with an option contract or for
about proposed rule changes may submit written comments to          a non-refundable fee to the seller for a buyer's right to inspect
rule-making coordinator, Thomas R. Miller at NC Real Estate         property or determine its suitability for the buyer's needs prior to
Commission, P.O. Box 17100, Raleigh, NC 27619; fax (919)            the closing of a sales transaction, but only for the purpose of
877-4220; or email legal@ncrec.gov.                                 delivering the instrument to the optionor-seller. seller. While the
                                                                    instrument is in the custody of the licensee, the licensee shall,
Comments may be submitted to: Thomas R. Miller, NC Real             according to the instructions of the buyer-optionee, buyer, either
Estate Commission, P.O. Box 17100, Raleigh, NC 27619; phone         deliver it to the seller-optionor seller or return it to the buyer-
(919) 875-3700; fax (919) 877-4220; email legal@ncrec.gov           optionee. buyer. The licensee shall safeguard the instrument and
                                                                    shall be responsible to the parties on the instrument for its
Comment period ends: October 12, 2011                               prompt and safe delivery. In no event shall a licensee retain
                                                                    such an instrument for more than three business days after the
Procedure for Subjecting a Proposed Rule to Legislative             acceptance of the option or other sales contract.
Review: If an objection is not resolved prior to the adoption of


26:03                                           NORTH CAROLINA REGISTER                                               August 1, 2011
                                                         178
                                                          PROPOSED RULES

(b) In the event monies received by a licensee while acting in a              "substitute checks" as described in 12 C.F.R.
fiduciary capacity are deposited in a trust or escrow account                 229.51 or the capacity to provide substitute
which bears interest, the licensee having custody over such                   checks as described in 12 C.F.R. 229.51, and
monies shall first secure from all parties having an interest in the          makes the original or substitute checks
monies written authorization for the deposit of the monies in an              available to the licensee and the Commission
interest-bearing account. Such authorization shall specify how                upon request;
and to whom the interest will be disbursed, and, if contained in        (3)   deposit tickets. tickets or other evidence or
an offer, contract, lease, or other transaction instrument, such              memoranda of deposits or payments into the
authorization shall be set forth in a conspicuous manner which                account, whether by transfer between
shall distinguish it from other provisions of the instrument.                 accounts, wire payments, or payments by
(c) Closing statements shall be furnished to the buyer and the                electronic means. For a sales transaction, the
seller in the transaction not more than five days after closing.              deposit ticket or other evidence or memoranda
(d) Trust or escrow accounts shall be so designated by the bank               of deposits or payments into the account shall
or savings and loan association in which the account is located,              identify the purpose and remitter of the funds
and all deposit tickets and checks drawn on said account as well              deposited, the property, the parties involved,
as the monthly bank statement for the account shall bear the                  and a reference to the corresponding sales
words "Trust Account" or "Escrow Account."                                    transaction ledger entry.         For a rental
(e) A licensee shall maintain and retain records sufficient to                transaction, the deposit ticket or other
identify the ownership of all funds belonging to others. Such                 evidence or memoranda of deposits or
records shall be sufficient to show proper deposit of such funds              payments into the account shall identify the
in a trust or escrow account and to verify the accuracy and                   purpose and remitter of the funds deposited,
proper use of the trust or escrow account. The required records               the tenant, and the corresponding property or
shall include:                                                                owner ledger entry. For deposits of funds
           (1)      bank statements;                                          belonging to or collected on behalf of a
           (2)      canceled checks canceled checks and other                 property owner association, the deposit ticket
                    evidence or memoranda of payments from the                or other evidence or memoranda of deposits or
                    account, whether by transfer between                      payments into the account shall identify the
                    accounts, wire payments, or payments by                   property or property interest for which the
                    electronic means, which shall be referenced to            payment is made, the property or interest
                    the corresponding journal entry or check stub             owner, the remitter, and the purpose of the
                    entries and to the corresponding sales                    payment. When a single deposit ticket or
                    transaction ledger sheets or for rental                   payment is used to deposit funds collected for
                    transactions, the corresponding property or               more than one sales transaction, property
                    owner ledger sheets.         Checks and other             owner, or property, the required information
                    evidence or memoranda of payments from the                shall be recorded on the ticket or other
                    account shall conspicuously identify the payee            evidence or memoranda of deposits or
                    and shall bear a notation identifying the                 payments into the account for each sales
                    purpose of the disbursement. When a check                 transaction, owner, or property, or the ticket it
                    payment is used to disburse funds for more                may refer to the same information recorded on
                    than one sales transaction, owner, or property,           a supplemental deposit worksheet which shall
                    the check or other evidence or memoranda of               be cross-referenced to the corresponding
                    payment shall bear a notation identifying each            deposit ticket;
                    sales transaction, owner, or property for which     (4)   a payment record sheet for each property or
                    disbursement is made, including the amount                interest for which funds are collected and
                    disbursed for each, and the corresponding                 deposited into a property owner association
                    sales transaction, property, or owner ledger              trust account as required by Paragraph (i) of
                    entries. When necessary, the check notation               this Rule. Payment record sheets shall identify
                    may refer to the required information recorded            the amount, date, remitter, and purpose of
                    on a supplemental disbursement worksheet                  payments received, the amount and nature of
                    which shall be cross-referenced to the                    the obligation for which payments are made,
                    corresponding check. check or payment. In                 and the amount of any balance due or
                    lieu of retaining canceled checks, a licensee             delinquency;
                    may retain digitally imaged copies of the           (5)   a separate ledger sheet for each sales
                    canceled checks or substitute checks provided             transaction and for each property or owner of
                    that such images are legible reproductions of             property managed by the licensee identifying
                    the front and back of such instruments with no            the property, the parties to the transaction, the
                    smaller images than 1.1875 x 3.0 inches and               amount, date, and purpose of the deposits and
                    provided that the licensee's bank retains for a           from whom received, the amount, date, check
                    period of at least six years the original checks,         number, and purpose of disbursements and to


26:03                                               NORTH CAROLINA REGISTER                                  August 1, 2011
                                                             179
                                                        PROPOSED RULES

                   whom paid, and the running balance of funds        (g) In the event of a dispute between the seller and buyer or
                   on deposit for the particular sales transaction    landlord and tenant over the return or forfeiture of any deposit
                   or, in a rental transaction, the particular        other than a residential tenant security deposit held by a licensee,
                   property or owner of property. Monies held as      the licensee shall retain said deposit in a trust or escrow account
                   tenant security deposits in connection with        until the licensee has obtained a written release from the parties
                   rental transactions may be accounted for on a      consenting to its disposition or until disbursement is ordered by
                   separate tenant security deposit ledger for each   a court of competent jurisdiction. Alternatively, the licensee may
                   property or owner of property managed by the       deposit the disputed monies with the appropriate clerk of court
                   licensee. For each security deposit the tenant     in accordance with the provisions of G.S. 93A-12. If it appears
                   security deposit ledger shall identify the         to a licensee holding a disputed deposit that a party has
                   remitter, the date the deposit was paid, the       abandoned his or her claim, the licensee may disburse the money
                   amount, the tenant, landlord, and subject          to the other claiming parties according to their written agreement
                   property. For each disbursement of tenant          provided that the licensee first makes a reasonable effort to
                   security deposit monies, the ledger shall          notify the party who has apparently abandoned his or her claim
                   identify the check number, amount, payee,          and provides that party with an opportunity to renew his or her
                   date, and purpose of the disbursement. The         claim to the disputed funds. Tenant security deposit monies
                   ledger shall also show a running balance.          shall be disposed of in accordance with the requirements of G.S.
                   When tenant security deposit monies are            42-50 through 56 and G.S. 42A-18.
                   accounted for on a separate ledger as provided     (h) A licensee may transfer earnest money deposits in his or her
                   herein, deposit tickets, canceled checks and       possession collected in connection with a sales transaction from
                   supplemental worksheets shall reference the        his or her trust account to the closing attorney or other settlement
                   corresponding tenant security deposit ledger       agent not more than ten days prior to the anticipated settlement
                   entries when appropriate;                          date. A licensee shall not disburse prior to settlement any
         (6)       a journal or check stubs identifying in            earnest money in his or her possession for any other purpose
                   chronological sequence each bank deposit and       without the written consent of the parties.
                   disbursement of monies to and from the trust       (i) The funds of a property owner association, when collected,
                   or escrow account, including the amount and        maintained, disbursed or otherwise controlled by a licensee, are
                   date of each deposit and a reference to the        trust monies and shall be treated as such in the manner required
                   corresponding deposit ticket and any               by this Rule. Such funds must be deposited into and maintained
                   supplemental deposit worksheet, and the            in a trust or escrow account dedicated exclusively for funds
                   amount, date, check number, and purpose of         belonging to a single property owners association and may not
                   disbursements and to whom paid. The journal        be commingled with funds belonging to other property owner
                   or check stubs shall also show a running           associations or other persons or parties. A licensee who
                   balance for all funds in the account;              undertakes to act as manager of a property owner association or
         (7)       copies of contracts, leases and management         as the custodian of funds belonging to a property owner
                   agreements;                                        association shall provide the association with periodic statements
         (8)       closing statements and property management         which report the balance of association funds in the licensee's
                   statements;                                        possession or control and which account for the funds the
         (9)       covenants, bylaws, minutes, management             licensee has received and disbursed on behalf of the association.
                   agreements and periodic statements relating to     Such statements must be made in accordance with the licensee's
                   the management of a property owner                 agreement with the association, but in no event shall the
                   association; and                                   statements be made less frequently than every 90 days.
         (10)      invoices, bills, and contracts paid from the       (j) Every licensee shall safeguard the money or property of
                   trust account, and any documents not               others coming into his or her possession in a manner consistent
                   otherwise described herein necessary and           with the requirements of the Real Estate License Law and the
                   sufficient to verify and explain record entries.   rules adopted by the Commission. A licensee shall not convert
Records of all receipts and disbursements of trust or escrow          the money or property of others to his or her own use, apply
monies shall be maintained in such a manner as to create an           such money or property to a purpose other than that for which it
audit trail from deposit tickets and canceled checks to check         was paid or entrusted to him or her, or permit or assist any other
stubs or journals and to the ledger sheets. Ledger sheets and         person in the conversion or misapplication of such money or
journals or check stubs must be reconciled to the trust or escrow     property.
account bank statements on a monthly basis. To be sufficient,         (k) In addition to the records required by Paragraph (e) of this
records of trust or escrow monies must include a worksheet for        Rule, a licensee acting as agent for the landlord of a residential
each such monthly reconciliation showing the ledger sheets,           property used for vacation rentals shall create and maintain a
journals or check stubs, and bank statements to be in agreement       subsidiary ledger sheet for each property or owner of such
and balance.                                                          properties onto which all funds collected and disbursed are
(f) All trust or escrow account records shall be made available       identified in categories by purpose. On a monthly basis, the
for inspection by the Commission or its authorized                    licensee shall reconcile the subsidiary ledger sheets to the
representatives in accordance with Rule 21 NCAC 58A .0108.            corresponding property or property owner ledger sheet.


26:03                                             NORTH CAROLINA REGISTER                                               August 1, 2011
                                                           180
                                                        PROPOSED RULES

(l) In lieu of maintaining a subsidiary ledger sheet, the licensee    for each and the purpose of the disbursement. The licensee may
may maintain an accounts payable ledger sheet for each owner          also maintain an accounts payable ledger sheet in the format
or property and each vendor to whom trust monies are due for          described in Paragraph (k) of this Rule for vacation rental tenant
monies collected on behalf of the owner or property identifying       security deposit monies and vacation rental advance payments.
the date of receipt of the trust monies, from whom the monies         Authority G.S. 93A-3(c); 93A-9.
were received, rental dates, and the corresponding property or
owner ledger sheet entry including the amount to be disbursed

21 NCAC 58A .0114         RESIDENTIAL PROPERTY DISCLOSURE STATEMENT
(a) Every owner of real property subject to a transfer of the type contemplated by Chapter 47E of the General Statutes, Statutes shall
complete the following residential property disclosure statement and furnish a copy of the complete statement to a purchaser in
accordance with the requirements of G.S. 47E-4. The form shall bear the seal of the North Carolina Real Estate Commission and shall
read as follows:

                                           [N.C. REAL ESTATE COMMISSION SEAL]

                                    STATE OF NORTH CAROLINA
                           RESIDENTIAL PROPERTY DISCLOSURE STATEMENT
             AND OWNER’S ASSOCIATION AND MANDATORY COVENANTS DISCLOSURE STATEMENT

                                                  Instructions to Property Owners

1.       G.S. 47E requires owners of residential real estate (single-family homes homes, individual condominiums, townhouses, and
         the like, and buildings with up to four dwelling units) to furnish purchasers a property disclosure statement. statement and
         Owner's Association and Mandatory Covenants Disclosure Statement ("Statement"). This form is the only one approved for
         this purpose. A disclosure statement must be furnished in connection with the sale, exchange, option and sale under a lease
         with option to purchase (unless the tenant is already occupying or intends to occupy the dwelling). A disclosure statement is
         not required for some transactions, including the first sale of a dwelling which has never been inhabited and transactions of
         residential property made pursuant to a lease with option to purchase where the lessee occupies or intends to occupy the
         dwelling. For a complete list of exemptions, see G.S. 47E-2.

2.       You must check √ one of the boxes for each of the questions on the reverse side of this form.

 a.      If you check "Yes" for any question, you must explain your answer and either describe any problem or attach a report from
         an engineer, contractor, pest control operator or other expert or public agency describing it. If you attach a report, you will
         not be liable for any inaccurate or incomplete information contained in it so long as you were not grossly negligent in
         obtaining or transmitting the information.

 b.      If you check "No", you are stating that you have no actual knowledge of any problem. If you check "No" and you know there
         is a problem, you may be liable for making an intentional misstatement.

 c.      If you check "No Representation", you have no duty to disclose the conditions or characteristics of the property, even if you
         should have known of them.

 *       If you check "Yes" or "No" and something happens to the property to make your Statement incorrect or inaccurate (for
         example, the roof begins to leak), you must promptly give the purchaser a corrected Statement or correct the problem.

3.       If you are assisted in the sale of your property by a licensed real estate broker, you are still responsible for completing and
         delivering the Statement to the purchasers; and the broker must disclose any material facts about your property which they
         know or reasonably should know, regardless of your responses on the Statement.

4.       You must give the completed Statement to the purchaser no later than the time the purchaser makes an offer to purchase your
         property. If you do not, the purchaser can, under certain conditions, cancel any resulting contract (See "Note to Purchasers"
         below). You should give the purchaser a copy of the Statement containing your signature and keep a copy signed by the
         purchaser for your records.

                                                  Note to Purchasers




26:03                                            NORTH CAROLINA REGISTER                                              August 1, 2011
                                                          181
                                                          PROPOSED RULES

        If the owner does not give you a Residential Property Disclosure Statement by the time you make your offer
        to purchase the property, you may under certain conditions cancel any resulting contract and be entitled to a
        refund of any deposit monies you may have paid. To cancel the contract, you must personally deliver or
        mail written notice of your decision to cancel to the owner or the owner's agent within three calendar days
        following your receipt of the Statement, or three calendar days following the date of the contract, whichever
        occurs first. However, in no event does the Disclosure Act permit you to cancel a contract after settlement
        of the transaction or (in the case of a sale or exchange) after you have occupied the property, whichever
        occurs first.

5.         In the space below, type or print in ink the address of the property (sufficient to identify it) and your name. Then sign and
           date.

        Property Address: _____________________________________________________________________
        Owner's Name(s): _____________________________________________________________________
        Owner(s) acknowledge having examined this Statement before signing and that all information is true and
        correct as of the date signed.

        Owner Signature:__________________________________________________ Date _________, ____
        Owner Signature:__________________________________________________ Date _________, ____
        Purchaser(s) acknowledge receipt of a copy of this disclosure statement; that they have examined it before
        signing; that they understand that this is not a warranty by owner or owner's agent; that it is not a substitute
        for any inspections they may wish to obtain; and that the representations are made by the owner and not the
        owner's agent(s) or subagent(s). Purchaser(s) are encouraged to obtain their own inspection from a
        licensed home inspector or other professional.

        Purchaser Signature:________________________________________________ Date ________, ____
        Purchaser Signature:________________________________________________ Date ________, ____

Property Address/Description: __________________________________________________________________
___________________________________________________________________________________________
[Note: In this form, "property" refers only to dwelling unit(s) and not sheds, detached garages or other buildings.]
Regarding the property identified above, do you know of any problem (malfunction or defect) with any of the following:

                                                                                                                    No Repre-
                                                                                                      Yes* No       sentation
1.         FOUNDATION, SLAB, FIREPLACES/CHIMNEYS, FLOORS, WINDOWS
           (INCLUDING STORM WINDOWS AND SCREENS), DOORS, CEILINGS,
           INTERIOR AND EXTERIOR WALLS, ATTACHED GARAGE, PATIO, DECK OR
           OTHER STRUCTURAL COMPONENTS including any modifications to them?                            □      □      □


     a. Siding is: □ Masonry □ Wood □ Composition/Hardboard □ Vinyl □ Synthetic Stucco
        □ Other ___________________________                                                                          □

     b. Approximate age of structure? _______________                                                                □

2.         ROOF (leakage or other problem)?                                                            □      □      □

     a. Approximate age of roof covering? ____________                                                               □

3.         WATER SEEPAGE, LEAKAGE, DAMPNESS OR STANDING WATER in the
           basement, crawl space or slab?                                                              □      □      □

4.         ELECTRICAL SYSTEM (outlets, wiring, panel, switches, fixtures etc.)?                        □      □      □

5.         PLUMBING SYSTEM (pipes, fixtures, water heater, etc.)?                                      □      □      □

6.         HEATING AND/OR AIR CONDITIONING?                                                            □      □      □

26:03                                               NORTH CAROLINA REGISTER                                                August 1, 2011
                                                             182
                                                        PROPOSED RULES


     a. Heat Source is: □ Furnace □ Heat Pump □ Baseboard □ Other __________                              □

     b. Cooling Source is: □ Central Forced Air □ Wall/Window Unit(s)
        □ Other __________                                                                                □

     c. Fuel Source is: □ Electricity □ Natural Gas □ Propane □ Oil □ Other ________                      □

7.         WATER SUPPLY (including water quality, quantity and water pressure)?                   □   □   □

     a. Water supply is: □ City/County □ Community System □ Private Well
        □ Other _______________                                                                           □

     b. Water pipes are: □ Copper □ Galvanized □ Plastic □ Other ________
        □ Unknown                                                                                         □

8.         SEWER AND/OR SEPTIC SYSTEM?                                                            □   □   □

     a. Sewage disposal system is: □ Septic Tank □ Septic Tank with Pump
        □ Community System □ Connected to City/County System
        □ City/County System available □ Straight pipe (wastewater does not go into a septic or
          other sewer system [note: use of this type of system violates state law])                       □
        □ Other ___________

9.         BUILT-IN APPLIANCES (RANGE/OVEN,                    ATTACHED        MICROWAVE,
           HOOD/FAN, DISHWASHER, DISPOSAL, etc.)?                                                 □   □   □

10.        PRESENT INFESTATION, OR DAMAGE FROM PAST INFESTATION OF
           WOOD DESTROYING INSECTS OR ORGANISMS which has not been repaired?                      □   □   □

11.        DRAINAGE, GRADING OR SOIL STABILITY OF LOT?                                            □   □   □

12.      OTHER SYSTEMS AND FIXTURES: CENTRAL VACUUM, POOL, HOT TUB,
         SPA, ATTIC FAN, EXHAUST FAN, CEILING FAN, SUMP PUMP, IRRIGATION
         SYSTEM, TV CABLE WIRING OR SATELLITE DISH, OR OTHER SYSTEMS?                             □   □   □
Also regarding the property identified above, including the lot, other improvements, and
fixtures located thereon, do you have any

13.        ROOM ADDITIONS OR OTHER STRUCTURAL CHANGES?                                            □   □   □

14.        ENVIRONMENTAL HAZARDS (substances, materials or products) including
           asbestos, formaldehyde, radon gas, methane gas, lead-based paint, underground
           storage tank, or other hazardous or toxic material (whether buried or covered),
           contaminated soil or water, or other environmental contamination)?                     □   □   □

15.        COMMERCIAL, INDUSTRIAL, OR MILITARY NOISE, ODOR, SMOKE, ETC.
           AFFECTING THE PROPERTY?                                                                □   □   □

16.        VIOLATIONS OF ZONING ORDINANCES, RESTRICTIVE COVENANTS OR
           OTHER LAND-USE RESTRICTIONS, OR BUILDING CODES INCLUDING THE
           FAILURE TO OBTAIN PROPER PERMITS FOR ROOM ADDITIONS OR
           OTHER STRUCTURAL CHANGES(S)?                                                           □   □   □

17.        UTILITY OR OTHER EASEMENTS, SHARED DRIVEWAYS, PARTY WALLS
           OR ENCROACHMENTS FROM OR ON ADJACENT PROPERTY?                                         □   □   □

18.        LAWSUITS, FORECLOSURES, BANKRUPTCY, TENANCIES, JUDGMENTS,
           TAX    LIENS, PROPOSED ASSESSMENTS, MECHANICS' LIENS,


26:03                                             NORTH CAROLINA REGISTER                                     August 1, 2011
                                                           183
                                                        PROPOSED RULES

          MATERIALMENS'             LIENS, OR NOTICE FROM ANY GOVERNMENTAL
          AGENCY that could affect title to the property?                                          □      □      □

19.       OWNERS' ASSOCIATION               OR     "COMMON        AREA"      EXPENSES        OR                                            Formatted: Indent: Left: 0", Hanging: 0.5",
          ASSESSMENTS?                                                                             □      □      □                         Line spacing: single, Tab stops: Not at 0.25"

20.19.    FLOOD HAZARD or that the property is in a FEDERALLY-DESIGNATED
          FLOOD   PLAIN?                                                                           □      □      □

21.20.    PRIVATE ROAD(S) OR STREETS adjoining the property?                                       □      □      □
          a. If yes, do you know of an existing owner's association or maintenance agreement
          to maintain the road or street?                                                          □      □      □

      * If you answered "Yes" to any of the above questions, please explain (Attach additional sheets, if necessary):
      ___________________________________________________________________________________________
      ___________________________________________________________________________________________
      ___________________________________________________________________________________________
      In lieu of providing a written explanation, you may attach a written report to this Disclosure Statement by a public agency,
      engineer, land surveyor, geologist, pest control operator, contractor, home inspector or other expert, dealing with matters within
      the scope of that public agency's functions or the expert's license or expertise.

                                                                                                                 No
                                                                                                                 Repre-
                                                                                                  Yes*     No    sentation
21.       Also regarding the property identified above, is the lot to be conveyed subject to
          regulation by one or more owners’ association(s) and governing documents which
          impose various mandatory covenants, conditions, and restrictions upon the lot,
          including, but not limited to obligations to pay regular assessments or dues and
          special assessments?                                                                     □       □     □

*If you answered "No" or "No Representations" to question 21 above, you do not need to answer the remaining questions on
this Statement. Skip to the bottom of this page and initial and date the page. If you answered "Yes" to question 21 above, you
must complete the remainder of this Statement.

22. The lot is subject to the following owners' association(s) [insert N/A into any blank that does not apply]:
(specify name)________________________________________________________________whose regular assessments ("dues") are
$______________ per ________________. The name, address, and telephone number of the president of the owners' association or
the association manager are:
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
(specify name)____________________________________________________________whose regular assessments ("dues") are
$______________per ________________. The name, address, and telephone number of the president of the owners' association or
the
association manager are:
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
23. As of the date this Statement is signed, there are no other dues, fees, or special assessments which have been duly approved as
required by the applicable declaration or bylaws, payable to an association to which the lot is subject, except:
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________

24. As of the date this Statement is signed, there are no unsatisfied judgments against or pending lawsuits involving the lot, the
planned community or the association to which the lot is subject, with the exception of any action filed by the association for the
collection   of     delinquent     assessments      on    lots     other    than     the    lot     to     be     sold,     except:
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________



26:03                                             NORTH CAROLINA REGISTER                                              August 1, 2011
                                                           184
                                                        PROPOSED RULES

25. The following services and amenities are paid for by the above owners' association(s) from the regular assessments ("dues"):
(Check all that apply).
                                                                                                      No
                                                                                      Yes*     No     Representation
Master Insurance Policy Including All Units                                           □        □         □
Real Property Taxes on the Common Areas                                               □        □         □
Management Fee                                                                        □        □         □
Exterior Building Maintenance                                                         □        □         □
Exterior Yard/Landscaping Maintenance                                                 □        □         □
Common Areas Maintenance                                                              □        □         □
Trash Removal                                                                         □        □         □
Recreational Amenity Maintenance                                                      □        □         □
Pest Treatment/Extermination                                                          □        □         □
Street Lights                                                                         □        □         □
Water                                                                                 □        □         □
Casualty/Liability Insurance on Common Areas                                          □        □         □
Sewer                                                                                 □        □         □
Stormwater Management/Drainage/Ponds                                                  □        □         □
Internet Service                                                                      □        □         □
Cable                                                                                 □        □         □
Private Road Maintenance                                                              □        □         □
Parking Area Maintenance                                                              □        □         □
Legal/Accounting                                                                      □        □         □
Gate and/or Security                                                                  □        □         □

Other (specify)_________________________________________________________________________________
_____________________________________________________________________________________________

(b) The form described in Paragraph (a) of this Rule may be reproduced, but the form shall not be altered or amended in any way.

Authority G.S. 47E-4(b),(b1); 93A-3(c); 93A-6.
                                                                     occupational licensing examinations as set forth in the
            SECTION .0400 - EXAMINATIONS                             "Standards for Educational and Psychological Testing" jointly
                                                                     promulgated by the American Educational Research
21 NCAC 58A .0402           EXAMINATION SUBJECT                      Association, the American Psychological Association, and the
MATTER, FORMAT, AND PASSING SCORES
(a) The real estate licensing examination shall test applicants on   National Council on Measurement in Education. Passing
the following general subject areas:                                 applicants will receive only a score of "pass"; however, failing
          (1)     real estate law;                                   applicants shall be informed of their actual score. An applicant
          (2)     real estate brokerage law and practices;           who passes one or both sections of the examination will receive
          (3)     the Real Estate License Law, rules of the          only a score of "pass" for the section(s) passed; however, an
                  Commission, and the Commission's trust             applicant who fails one or both sections of the examination shall
                  account guidelines;                                be informed of their actual score for the section(s) failed. An
          (4)     real estate finance;                               applicant who is required to pass both sections of the
          (5)     real estate valuation (appraisal);                 examination must do so within his or her 180-day examination
          (6)     real estate mathematics; and                       eligibility period, and if the applicant passes only one section
          (7)     related subject areas.                             during his or her 180-day examination eligibility period, then
(b) The real estate licensing examination shall consist of two       that passing score shall not be recognized if the applicant
sections, a "national" section on general real estate law,           subsequently re-applies to the Commission for a license. A
principles and practices and a "state" section on North Carolina     passing examination score obtained by a license applicant for
real estate law, principles and practices. Unless the "national"     both sections of the examination, or for the "state" section if that
section is waived by the Commission for an applicant based on        is the only section an applicant is required to pass, shall be
its authority under G.S. 93A-9, an applicant must pass both          recognized as valid for a period of one year from the date of
sections of the examination in order to pass the examination. In     examination, the examination was passed, during which time the
order to pass the real estate licensing examination, an applicant    applicant must fully satisfy any remaining requirements for
must attain a score for each required section of the examination     licensure that were pending at the time of examination; provided
that is at least equal to the passing score established by the       that the running of the one-year period shall be tolled upon
Commission for each section of the examination in compliance         mailing the applicant the letter contemplated in 21 NCAC 58A
with psychometric standards for establishing passing scores for      .0616(b) informing the applicant that his or her moral character


26:03                                            NORTH CAROLINA REGISTER                                               August 1, 2011
                                                          185
                                                           PROPOSED RULES

is in question, and shall resume running when the applicant's            review an examination on behalf of an applicant. An applicant
application is either approved for license issuance, denied or           who passes the license examination may not review the
withdrawn. The application of an applicant with a passing                examination.
examination score who fails to satisfy all remaining
requirements for licensure within one year shall be canceled and         Authority G.S. 93A-4(d).
the applicant shall be required to reapply and satisfy all
requirements for licensure, including retaking and passing the                           SECTION .0500 - LICENSING
license examination, in order to be eligible for licensure.
Authority G.S. 93A-3(c); 93A-4(b),(d).                                   21 NCAC 58A .0504            ACTIVE AND INACTIVE
                                                                         LICENSE STATUS
21 NCAC 58A .0403            RE-APPLYING FOR                             (a) Except for licenses that have expired or that have been
EXAMINATION                                                              canceled, revoked, suspended or surrendered, all licenses issued
(a) An individual whose license application has been canceled            by the Commission shall be designated as being either on active
pursuant to Rule .0302(c) of this Subchapter and whose 180 day           status or inactive status. The holder of a license on active status
examination eligibility period has expired who wishes to be              may engage in any activity requiring a real estate license and
rescheduled for the real estate license examination must re-apply        may be compensated for the provision of any lawful real estate
to the Commission by filing a complete license application as            brokerage service. The holder of a license on inactive status
described in Rule .0301 of this Subchapter and paying the                may not engage in any activity requiring a real estate license,
prescribed application fee. Subsequent examinations shall then           including the referral for compensation of a prospective seller,
be scheduled in accordance with Rule .0401 of this Section.              buyer, landlord or tenant to another real estate licensee or any
(b) An individual whose license application has been canceled            other party. A licensee holding a license on inactive status must
pursuant to Rule .0302(c) of this Subchapter who wishes to be            renew such license and pay the prescribed license renewal fee in
rescheduled for the license examination before the expiration of         order to continue to hold such license. The Commission may
his or her 180 day examination eligibility period may utilize an         take disciplinary action against a licensee holding a license on
abbreviated electronic license application and examination               inactive status for any violation of G.S. 93A or any rule
rescheduling procedure by directly contacting the Commission's           promulgated by the Commission, including the offense of
authorized testing service, paying both the license application          engaging in an activity for which a license is required while a
fee and the examination fee to the testing service, and following        license is on inactive status.
the testing service's established procedures.                            (b) A license issued to a provisional broker shall, upon initial
(c) An applicant who fails one or both sections of the license           licensure, be assigned to inactive status, except that a license
examination shall not be allowed to retake the failed section(s)         issued to a provisional broker based on reciprocity with another
of the examination for at least 10 calendar days.                        licensing jurisdiction shall be assigned to active status. status. A
                                                                         license issued to a firm or a broker other than a provisional
Authority G.S. 93A-4(b),(d).                                             broker shall be assigned to active status. Except for persons
                                                                         licensed under the provisions of Section .1800 of this
21 NCAC 58A .0405          CONFIDENTIALITY OF                            Subchapter, a broker may change the status of his or her license
EXAMINATIONS                                                             from active to inactive status by submitting a written request to
Licensing examinations are the exclusive property of the                 the Commission. A provisional broker's license shall be assigned
Commission and are confidential. No applicant or licensee shall          by the Commission to inactive status when the provisional
obtain, attempt to obtain, receive, or communicate to other              broker is not under the active, direct supervision of a broker-in-
persons examination questions or answers. Violation of this              charge. A firm's license shall be assigned by the Commission to
Rule is grounds for denial of a real estate license if the violator is   inactive status when the firm does not have a qualifying broker
an applicant and disciplinary action if the violator is a licensee or    with an active license. Except for persons licensed under the
becomes a licensee prior to the discovery of the violation by the        provisions of Section .1800 of this Subchapter, a broker shall
Commission.                                                              also be assigned to inactive status if, upon the second renewal of
                                                                         his or her license following initial licensure, or upon any
Authority G.S. 93A-3(c); 93A-4(d); 93A-6.                                subsequent renewal, he or she has not satisfied the continuing
                                                                         education requirement described in Rule .1702 of this
21 NCAC 58A .0406          EXAMINATION REVIEW                            Subchapter.
An applicant who fails the license examination may review the            (c) A provisional broker with an inactive license who desires to
examination at the testing center immediately following                  have such license placed on active status must comply with the
completion of the examination and receipt of the applicant's             procedures prescribed in Rule .0506 of this Section.
examination results but prior to leaving the testing center. An          (d) A broker, other than a provisional broker, with an inactive
applicant who fails the examination and who declines the                 license who desires to have such license placed on active status
opportunity to immediately review the examination prior to               shall file with the Commission a request for license activation on
leaving the testing center shall be deemed to have waived the            a form provided by the Commission containing identifying
right to review the examination. An applicant who is reviewing           information about the broker, a statement that the broker has
his or her failed examination may not have any other person              satisfied the continuing education requirements prescribed by
present during his or her review, nor may any other person               Rule .1703 of this Subchapter, the date of the request, and the


26:03                                               NORTH CAROLINA REGISTER                                                August 1, 2011
                                                             186
                                                         PROPOSED RULES

signature of the broker. Upon the mailing or delivery of this          accurate application and payment of a fifty-five dollar ($55.00)
form, the broker may engage in real estate brokerage activities        reinstatement fee. Applicants must satisfy the Commission that
requiring a license; however, if the broker does not receive from      they possess the current knowledge, skills and competence, as
the Commission a written acknowledgment of the license                 well as the truthfulness, honesty and integrity, necessary to
activation within 30 days of the date shown on the form, the           function in the real estate business in a manner that protects and
broker shall immediately terminate his or her real estate              serves the public interest. To demonstrate knowledge, skills and
brokerage activities pending receipt of the written                    competence, the Commission may require the applicants to
acknowledgment from the Commission. If the broker is notified          complete real estate education or pass the license examination or
that he or she is not eligible for license activation due to a         both.
continuing education deficiency, the broker must terminate all         (c) Reinstatement of a revoked license shall be considered upon
real estate brokerage activities until such time as the continuing     the submission of a complete and accurate application and
education deficiency is satisfied and a new request for license        payment of a thirty dollar ($30.00) fee. Applicants must satisfy
activation is submitted to the Commission.                             the same requirements as those prescribed in Paragraph (b) of
(e) A firm with an inactive license which desires to have its          this Rule for reinstatement of licenses expired for more than six
license placed on active status shall file with the Commission a       months.
request for license activation on a form provided by the               (d) Reinstatement of a license surrendered under the provisions
Commission containing identifying information about the firm           of G.S. 93A-6(e) shall be considered upon termination of the
and its qualifying broker. If the qualifying broker has an             period of surrender specified in the order approving the
inactive license, he or she must satisfy the requirements of           surrender and upon the submission of a complete and accurate
Paragraph (d) of this Rule. Upon the mailing or delivery of the        application and payment of a thirty dollar ($30.00) fee.
completed form by the qualifying broker, the firm may engage in        Applicants must satisfy the same requirements as those
real estate brokerage activities requiring a license; however, if      prescribed in Paragraph (b) of this Rule for reinstatement of
the firm's qualifying broker does not receive from the                 licenses expired for more than six months.
Commission a written acknowledgment of the license activation          (e) When a license is suspended by the Commission, the
within 30 days of the date shown on the form, the firm shall           suspended license shall be restored at the end of the period of
immediately terminate its real estate brokerage activities pending     active suspension provided that any applicable license renewal
receipt of the written acknowledgment from the Commission. If          fees that accrued during the time of the suspension are paid by
the qualifying broker is notified that the firm is not eligible for    the licensee within 60 days from the end of the period of license
license activation due to a continuing education deficiency on         suspension. In order for the license to be restored on active
the part of the qualifying broker, the firm must terminate all real    status, the licensee shall demonstrate that the licensee has
estate brokerage activities until such time as the continuing          satisfied the continuing education requirement for license
education deficiency is satisfied and a new request for license        activation prescribed by Rule .1703 of this Subchapter and that
activation is submitted to the Commission.                             the licensee is supervised by a broker-in-charge in compliance
(f) A person licensed as a broker under Section .1800 of this          with the requirements of Rule .0506 of this Section, if
Subchapter shall maintain his or her license on active status at all   applicable. Failure to pay the accrued license renewal fees
times as required by Rule .1804 of this Subchapter.                    within the time set forth in this Paragraph shall result in
                                                                       expiration of the license effective the last day of the suspension
Authority G.S. 93A-3(c); 93A-4(d); 93A-4.1; 93A-6; 93A-9.              period. A former licensee whose license expires under this
                                                                       Paragraph and who thereafter seeks reinstatement must satisfy
21 NCAC 58A .0505           REINSTATEMENT OF EXPIRED                   the same requirements as those prescribed in Paragraph (b) of
LICENSE, REVOKED, SURRENDERED OR SUSPENDED                             this Rule for reinstatement of licenses expired for more than six
LICENSE                                                                months.
(a) Licenses expired for not more than six months may be               (f) Whenever a license is reinstated by the Commission
reinstated upon the submission of payment of a fifty-five dollar       following expiration for more than six months, cancellation,
($55.00) reinstatement fee. In order to reinstate the license on       revocation, or voluntary surrender, the date of licensure for the
active status, the person requesting reinstatement shall have          licensee shall be the date of reinstatement and not the date of
obtained the continuing education as is required by Rule .1703         original licensure.
of this Subchapter to change an inactive license to active status.
A person reinstating a license on inactive status is not required to   Authority G.S. 93A-3(c); 93A-4(c),(d); 93A-4.1.
have obtained any continuing education in order to reinstate the
license; however, in order to subsequently change his or her           21 NCAC 58A .0510         LICENSING OF PERSONS
reinstated license from inactive status to active status, the          LICENSED IN ANOTHER JURISDICTION
licensee must satisfy the continuing education requirement             (a) The Commission may fully exempt from its license
prescribed in Rule .1703 of this Subchapter, and be supervised         examination requirement and issue broker licenses by reciprocity
by a broker-in-charge in compliance with the requirements of           to applicants who have otherwise satisfied the requirements of
Rule .0506 of this Section.                                            G.S. 93A-4 and who are residents of and hold active licensees in
(b) Reinstatement of licenses expired for more than six months         the following jurisdictions: Arkansas, Connecticut, Georgia,
or provisional broker licenses cancelled pursuant to G.S. 93A-         Iowa, Louisiana, Mississippi, Nebraska, South Carolina,
4(a) shall be considered upon the submission of a complete and         Tennessee and West Virginia.          The Commission shall


26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
                                                            187
                                                        PROPOSED RULES

discontinue broker licensing by reciprocity effective February        Authority G.S. 93A-4.
29, 2012. On and after March 1, 2012, licensees who were
licensed in North Carolina by reciprocity shall be entitled to            SECTION .1900 - POST-LICENSING EDUCATION
retain such license indefinitely, unless suspended, revoked or
surrendered pursuant to G.S. 93A-6, so long as the license is         21 NCAC 58A .1902              POSTLICENSING EDUCATION
continuously renewed or is reinstated within six months of            REQUIREMENT
expiration. A person who was previously licensed in North             (a) The 90 classroom hour postlicensing education program
Carolina by reciprocity and who seeks reinstatement of that           shall consist of three 30 classroom hour courses prescribed by
license after the license has been expired for more than six          the Commission which may be taken in any sequence. A
months, suspended, revoked or surrendered shall be required to        provisional broker as described in G.S. 93A-4(a1) or G.S. 93A-
satisfy the requirements described in Rule .0505 of this Section.     4.3(d) must satisfactorily complete at least one of the 30-hour
(b) Effective March 1, 2012, persons applying for a North             courses during each of the first three years following the date of
Carolina broker license who hold a current real estate license        his or her initial licensure as a broker in order to retain his or her
that has been on active status within the previous three years in     eligibility to actively engage in real estate brokerage. Upon
another state of the United States, a United States territory or      completion of all three courses by a provisional broker, the
possession or a Canadian jurisdiction shall be required to meet       provisional status of the broker's license shall be terminated by
the licensing requirements prescribed in G.S. 93A-4 except that       the Commission. The three courses shall be devoted to:
such persons shall be exempt from the "national" section of the                  (1)       real estate brokerage relationships and
North Carolina real estate license examination, but shall be                               responsibilities;
required to pass the "state" section of that examination.                        (2)       real estate contracts and transactions; and
                                                                                 (3)       specialized topics, including commercial real
Authority G.S. 93A-3(c); 93A-4(b),(c),(d); 93A-4.1; 93A-9(a).                              estate, rental management, real estate finance,
                                                                                           real estate appraisal, real estate development,
     SECTION .0600 - REAL ESTATE COMMISSION                                                and real estate regulation.
                      HEARINGS                                        (b) If a provisional broker as describe in G.S. 93A-4(a1) or G.S.
                                                                      93A-4.3(d) fails to complete the required postlicensing
21 NCAC 58A .0616            PROCEDURES FOR                           education described in paragraph (a) of this Rule by the end of
REQUESTING HEARINGS WHEN APPLICANT'S                                  either the first or second year following the date of his or her
CHARACTER IS IN QUESTION                                              initial licensure as a broker, his or her license shall be placed on
(a) When the moral character of an applicant for licensure or         inactive status. Between the end of the first year after initial
approval is in question, the applicant shall not be licensed or       licensure and the end of the third year after initial licensure, a
approved until the applicant has affirmatively demonstrated that      provisional broker who is subject of the postlicensing education
the applicant possesses the requisite truthfulness, honesty, and      requirement and who desires to activate a license that is on
integrity. For the purposes of this Rule, applicant means any         inactive status shall make up any postlicensing education
person or entity making application for licensure as a real estate    deficiency as well as satisfy the continuing education
broker or for licensure or approval as a prelicensing or              requirements for license activation described in Rule .1703 of
continuing education instructor, director, coordinator, school or     this Subchapter, satisfy the requirement for supervision by a
sponsor. When the applicant is an entity, it shall be directed and    broker-in-charge described in Rule .0506 of this Subchapter and
controlled by persons who are truthful and honest and who             file with the Commission a request for license activation as
possess integrity.                                                    described in Rule .0504 of this Subchapter.
(b) When the character of an applicant is in question, the            (c) If a provisional broker as described in G.S. 93A-4(a1) or
Commission shall defer action upon the application until the          G.S. 93A-4.3(d) fails to complete all three postlicensing courses
applicant is notified by letter. The letter informing the applicant   within three years following the date of his or her initial
that his or her moral character is in question shall be sent by       licensure, his or her license shall be cancelled and, in order to
certified mail, return receipt requested, to the address shown        reinstate such license, the former broker must satisfy the
upon the application. The applicant shall have 60 days from the       requirements described in G.S. 93A-04(a1) and Rule .0505 of
date of receipt of this letter to request a hearing before the        this Subchapter. placed on inactive status. In order to activate
Commission. If the applicant fails to request a hearing within        the license, the provisional broker shall demonstrate completion
this time or if a properly addressed letter is returned to the        of all three postlicensing courses within the previous three years,
Commission undelivered, applicant's right to a hearing shall be       which will terminate the provisional status of the broker's
considered waived and the application shall be deemed denied.         license, and shall satisfy the continuing education requirements
If the applicant makes a timely request for a hearing in              for license activation described in Rule .1703 of this Subchapter.
accordance with the provisions of this Rule, the Commission
shall provide the applicant with a Notice of Hearing and hearing      Authority G.S. 93A-4; 93A-4(a1).
as required by G.S. 150B, Article 3. G.S. 150B, Article 3A.
(c) Nothing in this Rule shall be interpreted to prevent an           21 NCAC 58A .1903       EXTENSIONS OF TIME TO
unsuccessful applicant from reapplying for licensure or approval      COMPLETE POSTLICENSING EDUCATION
if such application is otherwise permitted by law.                    A provisional broker as described in G.S. 93A-4(a1) or G.S.
                                                                      93A-4.3(d) may request and be granted an extension of time to


26:03                                             NORTH CAROLINA REGISTER                                                August 1, 2011
                                                           188
                                                        PROPOSED RULES

satisfy the postlicensing education requirement for the first and               SECTION .0600 - PRELICENSING AND
second years any of the first three years following the date of his               POSTLICENSING INSTRUCTORS
or her initial licensure as a broker if the licensee provides
evidence satisfactory to the Commission that he or she was            21 NCAC58C .0603             APPLICATION AND CRITERIA
unable to obtain the necessary education due to an incapacitating     FOR ORIGINAL APPROVAL
illness or other circumstance which existed for a substantial         (a) An individual seeking original approval as a prelicensing
portion of the year in question and which constituted a severe        and postlicensing course instructor shall make application on a
and verifiable hardship such that to comply with the education        form provided by the Commission. An applicant who is not a
requirement would have been impossible or unreasonably                resident of North Carolina shall also file with the application a
burdensome. The Commission shall in no case grant an                  consent to service of process and pleadings. No application fee
extension of time to satisfy the postlicensing education              is required. All required information regarding the applicant's
requirement that extends beyond the end of the third year after       qualifications shall be submitted.
initial licensure as a broker. The Commission also shall not grant    (b) An instructor applicant shall demonstrate that he or she
an extension of time when the reason for the request is a             possesses good moral character as set out in G.S. 93A-4(b) and
business or personal conflict or when, in the opinion of the          the following qualifications or other qualifications found by the
Commission, the principal reason for the provisional broker's         Commission to be equivalent to the following qualifications: a
failure to obtain the required education in a timely manner was       current North Carolina real estate broker license that is not on
unreasonable delay on the part of the provisional broker in           provisional status; a current continuing education record; three
obtaining such education. If an extension of time is granted, the     years active full-time experience in general real estate brokerage,
provisional broker may retain his or her license on active status     including substantial experience in real estate sales and at least
until expiration of the extension period, but the license shall be    one year of general brokerage experience in North Carolina,
automatically changed to inactive status at the end of the            within the previous seven years; and 60 semester hours of
extension period unless the licensee obtains the required             college-level education at an institution accredited by the
postlicensing education prior to that time. If an extension of        Southern Association of Colleges and Schools or any other
time is not granted, the provisional broker's license shall be        college accrediting body recognized by the U.S. Department of
treated as described in Rule .1902(b) or (c) of this Section. A       Education. For purposes of this Rule, substantial experience is
request for an extension of time must be submitted on a form          experience which is material, valuable, and worthwhile and not
prescribed by the Commission.                                         nominal, occasional, or intermittent. The Commission shall
Authority G.S. 93A-4.                                                 consider teaching experience at the secondary or post-secondary
                                                                      level in lieu of a portion of the brokerage experience
  SUBCHAPTER 58C - REAL ESTATE PRELICENSING                           requirement.
                 EDUCATION                                            (c) In addition to the qualification requirements stated in
                                                                      Paragraph (b) of this Rule, an applicant shall also demonstrate
 SECTION .0200 - PRIVATE REAL ESTATE SCHOOLS                          completion of the Commission's new instructor seminar within
                                                                      three years prior to the date of application and shall submit a
21 NCAC 58C .0207           FACILITIES AND EQUIPMENT                  one-hour video recording which depicts the applicant teaching a
(a) All school facilities and equipment shall be in compliance        real estate prelicensing or postlicensing course topic and which
with all applicable local, state and federal laws and regulations     demonstrates that the applicant possesses the basic teaching
regarding health, safety and welfare, including the Americans         skills described in Rule .0604 of this Section. The new
with Disabilities Act and other laws relating to accessibility        instructor seminar requirement shall be waived upon a finding
standards for places of public accommodation. Schools shall           by the Commission that the applicant possesses comparable
furnish the Commission with inspection reports from appropriate       instructor training, three years full-time experience teaching real
local building, health and fire inspectors upon request of the        estate pre-licensing courses in another state within the previous
Commission.                                                           five years, or other equivalent qualifications. The video
(b) Classrooms shall be of sufficient size to accommodate             recording shall comply with the requirements specified in Rule
comfortably all students enrolled in a course, shall have             .0605(c) of this Section. An applicant who is a Commission-
adequate light, heat, cooling and ventilation and shall be free of    approved continuing education update course instructor under
distractions which would disrupt class sessions.                      Subchapter E, Section .0200 of this Chapter or who holds the
(c) Classrooms shall contain, at a minimum, an overhead               Distinguished Real Estate Instructor (DREI) designation granted
projector and contain student desks or worktables sufficient to       by the Real Estate Educators Association or an equivalent real
accommodate all students enrolled in a course. course and shall       estate instructor certification shall be exempt from the
have the capability for instructors to make electronic visual         requirement to demonstrate satisfactory teaching skills by
presentations.                                                        submission of a digital video disc (DVD) or videotape. An
(d) Classroom facilities must be in a fixed building. No bus,         applicant who is qualified under Paragraph (b) of this Rule but
van, tractor-trailer or other motor vehicle shall be used as a        who has not satisfied these additional requirements at the time of
classroom facility.                                                   application shall be approved and granted a six-month grace
                                                                      period to complete these requirements. The approval of any
Authority G.S. 93A-4(a),(d); 93A-33.                                  instructor who is granted such six-month period to complete the
                                                                      requirements shall automatically expire on the last day of the


26:03                                             NORTH CAROLINA REGISTER                                              August 1, 2011
                                                           189
                                                       PROPOSED RULES

period if the instructor has failed to satisfy his or her           requirement stated in Rule .0203(d) of this Section, in order to
qualification deficiencies and the period has not been extended     renew their approval.
by the Commission. The Commission shall extend the six-             (b) In order to reinstate an expired instructor approval, the
month period for up to three additional months when the             former instructor must file an application on a form provided by
Commission requires more than 30 days to review and act on a        the Commission and must satisfy the criteria for original
submitted video recording, when the expiration date of the          approval set forth in Rule .0203(b) and (c) of this Section. If the
period occurs during a course being taught by the instructor, or    applicant's prior instructor approval has been expired for more
when the Commission determines that such extension is               than one year, the applicant must also satisfy the criteria for
otherwise warranted by exceptional circumstances which are          original approval set forth in Rule .0203(d) of this Section.
outside the instructor's control or when failure to extend the
grace period could result in harm or inconvenience to students,     Authority G.S. 93A-3(c); 93A-4A.
licensees, or other innocent persons. An individual applying for
instructor approval who within the previous three years was                 SECTION .0500 - COURSE OPERATIONAL
previously allowed the six-month grace period to satisfy the                          REQUIREMENTS
requirements stated in this Paragraph, but did not satisfy such
requirements within the allowed grace period, shall not be          21 NCAC 58E .0507             CLASSROOM FACILITIES
allowed the grace period.                                           Courses must be conducted in a facility fixed building that
                                                                    provides an appropriate learning environment. No bus, van,
Authority G.S. 93A-4; 93A-33; 93A-34.                               tractor-trailer or other motor vehicle shall be used as a classroom
                                                                    facility. At a minimum, the classroom must:
   SUBCHAPTER 58E - REAL ESTATE CONTINUING                                    (1)       be of sufficient size to accommodate
                 EDUCATION                                                              comfortably all enrolled students;
                                                                              (2)       be adequately equipped with student desks,
  SECTION .0200 - UPDATE COURSE INSTRUCTORS                                             worktables with chairs or other seating having
                                                                                        a writing surface;
21 NCAC 58E .0204          RENEWAL OF APPROVAL                                (3)       have adequate light, heat, cooling, ventilation,
(a) Commission approval of update course instructors expires                            and public address equipment; and
on the third December 31 following issuance of approval. In                   (4)       have the capability for instructors to make
order to assure continuous approval, approved instructors must                          electronic presentations; and
file applications for renewal of approval on a form prescribed by             (4)(5) be free of distractions that would disrupt class
the Commission on or before December 1 immediately                                      sessions.
preceding expiration of their approval. Applicants must satisfy
the criteria for original approval, with the exception of the       Authority G.S. 93A-3(c); 93A-4A.




26:03                                           NORTH CAROLINA REGISTER                                               August 1, 2011
                                                         190
                                                       EMERGENCY RULES


        TITLE 04 – DEPARTMENT OF COMMERCE                             04 NCAC 01H .0501           PROCEDURES AND CRITERIA
                                                                      FOR ALLOCATION OF QUALIFIED ENERGY
Note: This emergency rule was adopted under the procedure set         CONSERVATION BONDS
out in G.S. 150B-21.1B. Adoption of rule to implement the             The North Carolina Tax Reform Allocation Committee (the
American Recovery and Reinvestment Act.                               "Committee") is directed to allocate Qualified Energy
                                                                      Conservation Bond ("QECB") capacity to eligible issuers of
Rule-making Agency: North Carolina Tax Reform Allocation              such bonds as follows:
Committee (the "TRAC")                                                        (1)       To "large local governments," as such term is
                                                                                        used in 26 U.S.C.S. 54D(e)(2) in such amounts
Rule Citation: 04 NCAC 01H .0501                                                        and manner as specifically directed by the
                                                                                        United States Internal Revenue Service
Effective Date: July 15, 2011                                                           ("IRS") in 26 U.S.C.S. 54D and all relevant
                                                                                        implementing notices provided by the IRS
Findings Reviewed and Approved by the Codifier: July 7,                                 (including IRS Notice 2009-29), as may be
2011                                                                                    modified, amended or supplemented. For
                                                                                        purposes of calculating the populations of
Reason for Action: Section 1112 of Title 1 of Division B of the                         local governments to determine which
American Recovery and Reinvestment Act f 2009 ("ARRA"),                                 constitutes a "large local government," the
Pub. L. No. 111-5, 123 Sat. 115 (2009), amended 26 USC                                  Committee shall use population estimates as of
54D(d) to increase the national bond volume cap authorization                           July 1, 2007, as directed by the IRS.
for Qualified Energy Conservation Bonds ("QECBs") from                        (2)       To "Indian tribal governments," as such term
$800 million to $3.2 billion. Additionally, that section in the                         is used in 26 U.S.C.S. 54D(h) in such amounts
ARRA created the availability of "green community programs"                             as may be specifically directed by the IRS in
as a tool for utilization of QECB capacity. North Carolina                              26 U.S.C.S. 54D and relevant implementing
general statutes provided that the TRAC is the appropriate state                        notices provided by the IRS (including IRS
entity to allocate QECB capacity and directed the TRAC to                               Notice 2009-29), as may be modified,
create procedures regarding such allocation. See, e.g., G.S.                            amended or supplemented.
143-433.8 and G.S. 143-433. 9(a).           Finally, 150B-21.1B               (3)       Following the allocations described in Items
provides that "It is the policy of the State…to quickly and                             (1) and (2) of this Rule, the Committee shall
efficiently complete the awards of grants and contracts under the                       allocate the remaining QECB capacity to
ARRA" and provides that ARRA rule-making provisions be                                  eligible issuers. Such allocation shall be made
"liberally construed to allow agencies maximum flexibility in                           by the Committee in its sole discretion, upon
implementing the ARRA."                                                                 completed application by an eligible issuer,
The TRAC has been informed that a substantial number of                                 and after consideration of any factor the
energy conservation projects are anxiously awaiting the                                 Committee deems relevant in its good faith
allocation of QECB capacity, and the TRAC is in need of rules                           and discretion, including (without limitation)
in which to allocate such capacity to eligible issuers. As such, it                     some or all of the following factors:
is imperative that QECB capacity be allocated immediately so                            (a)       The ability of the State to ensure that
that energy conservation projects can be commenced.                                               at least 70 percent of the State's
In any event, the ARRA itself provided in Section 5 ("Emergency                                   allocation is used for government
Designation") that: "Each amount in this Act is designated as an                                  projects, and no more than 30 percent
emergency requirement and necessary to meet emergency needs                                       for projects considered QECB private
pursuant to section 204(a) of S. Con. Res. 21 (110 th Congress)                                   activity bonds under IRS rules,
and section 301 (b)(2) of S. Con. Res. 70 (110 th Congress), the                                  regulations and guidelines;
concurrent resolutions on the budget for fiscal years 2008 and                          (b)       The extent to which the project
2009."                                                                                            constitutes an eligible conservation
                                                                                                  purpose under 26 U.S.C.S. 54D and
         CHAPTER 01 - DEPARTMENTAL RULES                                                          all relevant implementing notices
                                                                                                  provided by the IRS (including IRS
    SUBCHAPTER 01H - PRIVATE ACTIVITY BOND                                                        Notice 2009-29), as may be modified,
         VOLUME CAPACITY PROGRAM                                                                  amended or supplemented;
                                                                                        (c)       The extent to which the project
          SECTION .0500 - QUALIFIED ENERGY                                                        demonstrates the potential to directly
               CONSERVATION BONDS                                                                 conserve energy;
                                                                                        (d)       The extent to which the project
                                                                                                  supports     the    development      or
                                                                                                  implementation of innovative energy
                                                                                                  conservation technology;


26:03                                             NORTH CAROLINA REGISTER                                              August 1, 2011
                                                           191
                                                  EMERGENCY RULES

              (e)      The extent to which the project uses              (6)      Entities receiving an allocation under Items (1)
                       renewable resources to produce                             and (2) of this Rule ("large local governments"
                       energy;                                                    and "Indian tribal governments") have the
              (f)      The number of citizens benefiting                          right to waive and/or reallocate to the State of
                       from the project;                                          North Carolina all or a portion of their
              (g)      The estimated number of jobs to be                         allocation. Upon the State's receipt of any
                       produced by the projects (for private                      additional QECB capacity through any such
                       activity allocations) and the amount                       waiver or reallocation, the Committee shall
                       of QECB authority per job produced;                        allocate such capacity to eligible issuers in the
              (h)      The readiness of the project to                            manner described in Item (3) of this Rule.
                       proceed;                                          (7)      The Committee shall attach such contingencies
              (i)      The certainty of the issuer using the                      upon any allocation of QECB capacity made
                       allocation within the estimated                            under Item (3) of this Rule as the Committee
                       timelines;                                                 may deem appropriate, including (without
              (j)      The amount of other public and                             limitation) contingencies relating to a time
                       private funding leveraged by the                           deadline for issuance of the QECBs pursuant
                       QECB allocation;                                           to the allocated capacity and contingencies
              (k)      The amount of local community                              limiting the use of the allocated QECB
                       support for the project;                                   capacity for public or private activity bonds.
              (l)      The best interests of the State of
                       North Carolina with regard to             History Note:    Authority G.S. 143-433.6(d); 143-433.8; 143-
                       economic       development,      energy   433.9(a); 150B-21.1B; S.L. 2009-140; S.L. 2009-475;
                       conservation, green initiatives and the   Emergency Adoption Eff. July 15, 2011.
                       general prosperity of the State;
              (m)      Whether the unit of local government
                       is in competition with another state             TITLE 07 – DEPARTMENT OF CULTURAL
                       for project benefits such as jobs and                         RESOURCES
                       tax base;
              (n)      Whether the availability of the           Rule-making Agency: Department of Cultural Resources
                       allocation is a crucial part of
                       attracting a new company or keeping       Rule Citation: 07 NCAC 04N .0202
                       an existing company in place;
              (o)      Whether the requested allocation will     Effective Date: July 14, 2011
                       benefit a project for which an eligible
                       issuer is already issuing QECBs;          Findings Reviewed and Approved by the Codifier: July 6,
              (p)      The ability of the unit of local          2011
                       government or company benefiting
                       from the QECB to obtain financing         Reason for Action: The purpose of the amended rule is to add
                       and close the issue in a timely           an admission charge to offset the loss of revenue established by
                       manner, including demonstration of a      House Bill 200 (Session Law 2011-145). Section 21.1 of this
                       commitment from a bank or other           legislation establishes the Transportation Museum special fund.
                       financial institution to purchase or      The Fund shall be used to pay all costs associated with the
                       underwrite the QECBs;                     operation and maintenance of the North Carolina
              (q)      The total amount of capacity              Transportation Museum. Senate Appropriations Committee
                       available to the Committee for            Report on the Continuation, Expansion and Capital Budgets
                       allocation.                               (2011 Budget Technical Corrections) transfers the
        (4)   Where required by law, local governments           Transportation Museum to 50% receipts-support in FY 2011-12
              shall coordinate issuance of QECBs with and        and total receipts-support in FY 2012-13.
              through the North Carolina Local Government
              Commission (the "LGC") in the Office of the        CHAPTER 04 - DIVISION OF ARCHIVES AND HISTORY
              North Carolina State Treasurer, and shall
              obtain approval from the LGC for QECB              SUBCHAPTER 04N – HISTORIC SITES REGULATIONS
              issuance.
        (5)   Entities allocated QECB capacity by the               SECTION .0200 - SITE HOURS: ADMISSION FEES
              Committee and/or entities who issue QECBs
              shall ensure compliance with all federal and       07 NCAC 04N .0202          ADMISSION FEES
              state laws, rules, regulations and requirements    (a) The following sites do not charge an admission fee:
              applicable to such allocation or issue.                     (1)     Alamance Battleground,


26:03                                        NORTH CAROLINA REGISTER                                             August 1, 2011
                                                      192
                                                      EMERGENCY RULES

          (2)      Aycock Birthplace,                                off the regular admission price for groups of ten or more to each
          (3)      Bennett Place,                                    major historic structure:
          (4)      Bentonville Battleground,                                   (1)      Historic Bath, Bonner House;
          (5)      Brunswick Town,                                             (2)      Historic Bath, Palmer-Marsh House.
          (6)      Caswell-Neuse,                                    (e) The following site charges an admission fee of three dollars
          (7)      Duke Homestead,                                   ($3.00) for adults, one dollar and fifty cents ($1.50) for students,
          (8)      Fort Dobbs,                                       two dollars ($2.00) for senior citizens, and fifty cents ($0.50) off
          (9)      Fort Fisher,                                      the regular admission price for groups of ten or more: Elizabeth
          (10)     Historic Halifax,                                 II.
          (11)     House in the Horseshoe,                           (f) The North Carolina Transportation Museum at Spencer shall
          (12)     Polk Memorial,                                    charge admission fees as follows:
          (13)     Reed Gold Mine,                                             (1)      General Admission: Five dollars ($5.00) for
          (14)     Somerset Place,                                                      adults; four dollars ($4.00) for seniors and
          (15)     Spencer Shops,                                                       active military; three dollars ($3.00) students
          (16)(15) Town Creek Indian Mound,                                             (ages 3-12); and free for children (ages 0-2).
          (17)(16) Vance Birthplace,                                           (2)      Group Admission (15 or more visitors): Four
          (18)(17) Charlotte Hawkins Brown Memorial,                                    dollars ($4.00) for adults; three dollars and
          (19)(18) Horne Creek Living History Farm.                                     fifty cents ($3.50) for seniors and active
(b) The following site charges an admission fee of one dollar                           military; one dollar and fifty cents ($1.50) for
($1.00) for adults, fifty cents ($0.50) for children, and one half                      students (ages 3-12); and free for children
off the regular admission price for groups of ten or more: Wolfe                        (ages 0-2).
Memorial.
(c) The following site charges an admission fee of one dollar        History Note:     Authority   G.S.     121-4(8);         121-4(9);
($1.00) for adults, twenty-five cents ($0.25) for children: James    143B-62(2)d.;
Iredell House.                                                       Eff. February 1, 1985;
(d) The following site charges an admission fee of one dollar        Amended Eff. January 1, 1990; June 1, 1989;
($1.00) for adults, fifty cents ($0.50) for children and one half    Emergency Amendment Eff. July 14, 2011.




26:03                                            NORTH CAROLINA REGISTER                                               August 1, 2011
                                                          193
                                                       APPROVED RULES

  This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The
  rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was
  required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-
  21.17.

Rules approved by the Rules Review Commission at its meeting on June 16, 2011.

                                                                                          REGISTER CITATION TO THE
                                                                                              NOTICE OF TEXT


MEDICAL CARE COMMISSION
Medical Ambulance/Evacuation Bus: Vehicle and ...               10A   NCAC    13P      .0217*          25:08 NCR
Pediatric Specialty Care Ground Ambulance:...                   10A   NCAC    13P      .0218*          25:08 NCR
Staffing for Medical Ambulance/Evacuation Bus…                  10A   NCAC    13P      .0219           25:08 NCR
Staffing for Pediatric Specialty Care Ground…                   10A   NCAC    13P      .0220           25:08 NCR


MENTAL HEALTH, COMMISSION FOR
Schedule III                                                    10A NCAC 26F           .0104*          n/a G.S. 90-88(d)
Schedule IV                                                     10A NCAC 26F           .0105*          n/a G.S. 90-88(d)


INSURANCE, DEPARTMENT OF
Applicability                                                   11    NCAC    16       .0101*          25:18 NCR
Loss Reserves                                                   11    NCAC    16       .0102           25:18 NCR
Professional Liability Insurance                                11    NCAC    16       .0104           25:18 NCR
Minimum Incurred Loss Ration; Alternate Maximum                 11    NCAC    16       .0501*          25:18 NCR
General Submission Requirements                                 11    NCAC    16       .0503*          25:18 NCR


PRIVATE PROTECTIVE SERVICES BOARD
Application for Licenses and Trainee Permits                    12    NCAC 07D         .0201*          25:08 NCR
Application for Unarmed Security Guard Regis…                   12    NCAC 07D         .0701*          25:08 NCR
Experience Requirements for Courier License                     12    NCAC 07D         .1201           25:08 NCR


LABOR, DEPARTMENT OF
Definitions                                                     13    NCAC    13       .0101*          25:18 NCR
Incorporated - Standards                                        13    NCAC    13       .0103*          25:18 NCR
Inspector Qualifications                                        13    NCAC    13       .0202*          25:18 NCR
North Carolina Commission                                       13    NCAC    13       .0203           25:18 NCR
Conflict of Interest                                            13    NCAC    13       .0204*          25:18 NCR
Insurance Companies to Notify Chief Inspector                   13    NCAC    13       .0208*          25:18 NCR
Installers to Notify Chief Inspectors                           13    NCAC    13       .0209*          25:18 NCR
Preparation for Inspection                                      13    NCAC    13       .0212*          25:18 NCR
Extended Pressure Equipment Operating                           13    NCAC    13       .0214*          25:18 NCR
Inspection Documentation                                        13    NCAC    13       .0301*          25:18 NCR
Design and Construction Standards                               13    NCAC    13       .0401*          25:18 NCR
Controls and Safety Devices                                     13    NCAC    13       .0404           25:18 NCR
High Pressure or Temperature Limit Control                      13    NCAC    13       .0406           25:18 NCR
Gauge Glasses and Water Columns                                 13    NCAC    13       .0408           25:18 NCR


26:03                                            NORTH CAROLINA REGISTER                                              August 1, 2011
                                                          194
                                            APPROVED RULES

Automatic Low-Water Fuel Cutoff Controls and      13   NCAC 13        .0409*   25:18 NCR
Water-Feedin...
Temperature Gauges/Thermometers/Temperature       13   NCAC 13        .0410    25:18 NCR
Sensors
Valves, Drains and Bottom Blowoffs                13   NCAC 13        .0411*   25:18 NCR
Expansion Tanks                                   13   NCAC 13        .0412    25:18 NCR


WILDLIFE RESOURCES COMMISSION
Open Seasons: Creel and Size Limits               15A NCAC 10C        .0305*   25:03 NCR
Manner of Taking Non-game Fishes: Purchase and    15A NCAC 10C        .0401*   25:17 NCR
Sale
Town of Emerald Isle                              15A NCAC 10F        .0376*   25:17 NCR


CHIROPRACTIC EXAMINERS, BOARD OF
Escrow Account                                    21   NCAC 10        .0105    25:14 NCR
Renewal of License                                21   NCAC 10        .0205*   25:14 NCR
Medical College Transfer Credits                  21   NCAC 10        .0212    25:14 NCR


ELECTRICAL CONTRACTORS, BOARD OF EXAMINERS FOR
Reference to State Building and Elevator Codes        21 NCAC   18B   .0102*   25:15 NCR
Organization                                          21 NCAC   18B   .0103*   25:15 NCR
Joint Resolution and Agreements                       21 NCAC   18B   .0106    25:15 NCR
Examinations                                          21 NCAC   18B   .0204*   25:15 NCR
Minimum Passing Grade                                 21 NCAC   18B   .0205    25:15 NCR
Regular Examinations                                  21 NCAC   18B   .0206    25:15 NCR
Application for Regular Examinations                  21 NCAC   18B   .0207    25:15 NCR
Specially Arranged Examinations                       21 NCAC   18B   .0208    25:15 NCR
Fees                                                  21 NCAC   18B   .0209*   25:15 NCR
Applications Duly Filed                               21 NCAC   18B   .0210*   25:15 NCR
Waiting Period Between Examinations                   21 NCAC   18B   .0211*   25:15 NCR
License Name Requirements                             21 NCAC   18B   .0402*   25:15 NCR
Licenses Expiring and Individuals Qualified/July 1,.. 21 NCAC   18B   .0601    25:15 NCR
Qualified Individuals Listed Prior to July 1, 1970    21 NCAC   18B   .0602    25:15 NCR
Scope of SP-SFD License                               21 NCAC   18B   .0803*   25:15 NCR
Scope of SP-FA/LV License                             21 NCAC   18B   .0804*   25:15 NCR
Malpractice Further Defined                           21 NCAC   18B   .0909*   25:15 NCR
Minimum Requirements for Course Sponsor Appr          21 NCAC   18B   .1102*   25:15 NCR
Minimum Requirements for Course Approval              21 NCAC   18B   .1103*   25:15 NCR


IRRIGATION CONTRACTORS' LICENSING BOARD
Direct Supervision                                21   NCAC     23    .0101*   25:13 NCR
Licensing                                         21   NCAC     23    .0103*   25:13 NCR
Continuing Education                              21   NCAC     23    .0104*   25:13 NCR
Notice of Hearing: Answer                         21   NCAC     23    .0201    25:13 NCR
Right to Hearing                                  21   NCAC     23    .0202    25:13 NCR
Location of Hearing                               21   NCAC     23    .0203    25:13 NCR


26:03                                  NORTH CAROLINA REGISTER                             August 1, 2011
                                                195
                                            APPROVED RULES

Intervention; Discovery                           21   NCAC   23   .0204*   25:13 NCR
Subpoenas                                         21   NCAC   23   .0205    25:13 NCR
Conduct of Hearing                                21   NCAC   23   .0206    25:13 NCR
Decision of Board                                 21   NCAC   23   .0207*   25:13 NCR
Irrigation Record Drawing                         21   NCAC   23   .0301*   25:13 NCR
Piping                                            21   NCAC   23   .0402*   25:13 NCR
Water Source                                      21   NCAC   23   .0403*   25:13 NCR
Drip/Microirrigation                              21   NCAC   23   .0405*   25:13 NCR
Irrigation System Disclosure Checklist            21   NCAC   23   .0407*   25:13 NCR
General Requirements                              21   NCAC   23   .0501*   25:13 NCR
Site Considerations                               21   NCAC   23   .0502*   25:13 NCR
Water Supply                                      21   NCAC   23   .0503*   25:13 NCR
System Layout                                     21   NCAC   23   .0504*   25:13 NCR
Trenching and Piping                              21   NCAC   23   .0505*   25:13 NCR
Electrical                                        21   NCAC   23   .0506*   25:13 NCR
Grounding                                         21   NCAC   23   .0507*   25:13 NCR
Sprinklers                                        21   NCAC   23   .0508*   25:13 NCR
Controller                                        21   NCAC   23   .0509*   25:13 NCR
Initial System Start Up                           21   NCAC   23   .0510*   25:13 NCR
Owner's Manual                                    21   NCAC   23   .0511*   25:13 NCR
Purpose                                           21   NCAC   23   .0601*   25:13 NCR
Basic System Maintenance Practices                21   NCAC   23   .0602*   25:13 NCR
Scheduling                                        21   NCAC   23   .0603*   25:13 NCR
Fee Schedule                                      21   NCAC   23   .0701*   25:13 NCR


MARRIAGE AND FAMILY THERAPY LICENSURE BOARD
Review Procedure                               21      NCAC   31   .0202*   25:16 NCR
Written Examination                            21      NCAC   31   .0301    25:16 NCR
Reporting of Scores                            21      NCAC   31   .0302    25:16 NCR
First Reexamination                            21      NCAC   31   .0303    25:16 NCR
Licensure Renewal Form                         21      NCAC   31   .0401*   25:16 NCR
Ongoing Supervision                            21      NCAC   31   .0502*   25:16 NCR
Equivalency                                    21      NCAC   31   .0503*   25:16 NCR
Alternative to Clinical Practicum              21      NCAC   31   .0504    25:16 NCR
Direct Client Contact                          21      NCAC   31   .0506*   25:16 NCR
Ethical Principles                             21      NCAC   31   .0609*   25:16 NCR
Requirements for Continuing Education          21      NCAC   31   .0701*   25:16 NCR
Licensed Marriage and Family Therapy Associate 21      NCAC   31   .0802*   25:16 NCR
Reciprocal License                             21      NCAC   31   .0901    25:16 NCR
Fees                                           21      NCAC   31   .1001    25:16 NCR
Fund Suspension                                21      NCAC   31   .1002    25:16 NCR


PHARMACY, BOARD OF
Return of Outdated Drugs                          21   NCAC 46     .2901*   25:18 NCR


PODIATRY EXAMINERS, BOARD OF


26:03                                    NORTH CAROLINA REGISTER                        August 1, 2011
                                                  196
                                                         APPROVED RULES

Licensing                                                          21   NCAC 52           .0206*         25:16 NCR


SOCIAL WORK CERTIFICATION AND LICENSURE BOARD
Definitions                               21 NCAC                               63        .0102*         25:17 NCR
General                                   21 NCAC                               63        .0106          25:17 NCR
Renewal of Certification                  21 NCAC                               63        .0406          25:17 NCR
Reporting of Disciplinary Actions         21 NCAC                               63        .0609*         25:17 NCR



TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN                                       (8)      no structural or functional defects that may
                  SERVICES                                                                adversely affect the patient, the EMS
                                                                                          personnel, or the safe operation of the vehicle;
10A NCAC 13P .0217          MEDICAL                                              (9)      an operational two-way radio that:
AMBULANCE/EVACUATION BUS: VEHICLE AND                                                     (A)       is mounted to the ambulance and
EQUIPMENT REQUIREMENTS                                                                              installed for safe operation and
(a) A Medical Ambulance/Evacuation bus is a multiple                                                controlled by the ambulance driver;
passenger vehicle configured and medically equipped for                                   (B)       has      sufficient    range,     radio
emergency and non-emergency transport of at least three                                             frequencies, and capabilities to
stretcher bound patients with traumatic or medical conditions.                                      establish and maintain two-way voice
(b) To be permitted as a Medical Ambulance/Evacuation Bus, a                                        radio communication from within the
vehicle shall have:                                                                                 defined service area of the EMS
          (1)     a non-light penetrating sliding curtain installed                                 System        to    the     emergency
                  behind the driver from floor-to-ceiling and                                       communications center or PSAP
                  from side-to-side to keep all light from the                                      designated to direct or dispatch the
                  patient compartment from reaching the driver's                                    deployment of the ambulance;
                  area during vehicle operation at night;                                 (C)       is capable of establishing two-way
          (2)     patient care equipment and supplies as defined                                    voice radio communication from
                  in the "North Carolina College of Emergency                                       within the defined service area to the
                  Physicians: Standards for Medical Oversight                                       emergency department of the
                  and Data Collection," which is incorporated by                                    hospital(s) where patients are
                  reference, including subsequent amendments                                        routinely transported and to facilities
                  and editions. This document is available from                                     that provide on-line medical direction
                  the OEMS, 2707 Mail Service Center,                                               to EMS personnel;
                  Raleigh, North Carolina 27699-2707, at no                               (D)       is equipped with a radio control
                  cost. The equipment and supplies shall be                                         device mounted in the patient
                  clean, in working order, and secured in the                                       compartment capable of operation by
                  vehicle;                                                                          the patient attendant to receive on-
          (3)     five pound fire extinguishers mounted in a                                        line medical direction; and
                  quick release bracket located inside the patient                        (E)       is licensed or authorized by the FCC;
                  compartment at the front and rear of the                       (10)     permanently installed heating and air
                  vehicle that are either a dry chemical or all-                          conditioning systems; and
                  purpose type and have pressure gauges;                         (11)     a copy of the EMS System patient care
          (4)     monitor alarms installed inside the patient                             treatment protocols.
                  compartment at the front and rear of the              (c) A Medical Ambulance/Evacuation Bus shall not use a
                  vehicle to warn of unsafe buildup of carbon           radiotelephone device such as a cellular telephone as the only
                  monoxide;                                             source of two-way radio voice communication.
          (5)     the name of the EMS provider permanently              (d) Communication instruments or devices such as data radio,
                  displayed on each side of the vehicle;                facsimile, computer, or telemetry radio shall be in addition to the
          (6)     reflective tape affixed to the vehicle such that      mission dedicated dispatch radio and shall function
                  there is reflectivity on all sides of the vehicle;    independently from the mission dedicated radio.
          (7)     emergency warning lights and audible warning          (e) The EMS System medical director shall designate the
                  devices mounted on the vehicle as required by         combination of medical equipment as required in Subparagraph
                  G.S. 20-125 in addition to those required by          (b)(2) of this Rule that is carried on a mission based on
                  Federal Motor Vehicle Safety Standards. All           anticipated patient care needs.
                  warning devices shall function properly;              (f) The ambulance permit for this vehicle shall remain in effect
                                                                        for two years unless any of the following occurs:


26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
                                                            197
                                                          APPROVED RULES

         (1)       The Department imposes an administrative                      (7)      no structural or functional defects that may
                   sanction which specifies permit expiration;                            adversely affect the patient, the EMS
         (2)       The EMS Provider closes or goes out of                                 personnel, or the safe operation of the vehicle;
                   business;                                                     (8)      an operational two-way radio that:
         (3)       The EMS Provider changes name or                                       (A)       is mounted to the ambulance and
                   ownership; or                                                                    installed for safe operation and
         (4)       Failure to comply with the applicable                                            controlled by the ambulance driver;
                   Paragraphs of this Rule.                                               (B)       has      sufficient    range,     radio
                                                                                                    frequencies, and capabilities to
History Note:      Authority G.S. 131E-157(a); 143-508(d)(8);                                       establish and maintain two-way voice
Eff. July 1, 2011.                                                                                  radio communication from within the
                                                                                                    defined service area of the EMS
10A NCAC 13P .0218           PEDIATRIC SPECIALTY CARE                                               System        to    the     emergency
GROUND AMBULANCE: VEHICLE AND EQUIPMENT                                                             communications center or PSAP
REQUIREMENTS                                                                                        designated to direct or dispatch the
(a) A Pediatric Specialty Care Ground Ambulance is an                                               deployment of the ambulance;
ambulance used to transport only those patients 18 years old or                           (C)       is capable of establishing two-way
younger with traumatic or medical conditions or for whom the                                        voice radio communication from
need for specialty care or emergency or non-emergency medical                                       within the defined service area to the
care is anticipated during an inter-facility or discharged patient                                  emergency department of the
transport.                                                                                          hospital(s) where patients are
(b) To be permitted as a Pediatric Specialty Care Ground                                            routinely transported and to facilities
Ambulance, a vehicle shall have:                                                                    that provide on-line medical direction
         (1)       a patient compartment that meets the following                                   to EMS personnel;
                   interior dimensions:                                                   (D)       is equipped with a radio control
                   (A)       the length, measured on the floor                                      device mounted in the patient
                             from the back of the driver's                                          compartment capable of operation by
                             compartment, driver's seat or partition                                the patient attendant to receive on-
                             to the inside edge of the rear loading                                 line medical direction; and
                             doors, is at least 102 inches; and                           (E)       is licensed or authorized by the FCC;
                   (B)       the height is at least 48 inches over               (9)      permanently installed heating and air
                             the patient area, measured from the                          conditioning systems; and
                             center of the floor, exclusive of                   (10)     a copy of the EMS System patient care
                             cabinets or equipment;                                       treatment protocols.
         (2)       patient care equipment and supplies as defined       (c) Pediatric Specialty Care Ground ambulances shall not use a
                   in the "North Carolina College of Emergency          radiotelephone device such as a cellular telephone as the only
                   Physicians: Standards for Medical Oversight          source of two-way radio voice communication.
                   and Data Collection," which is incorporated by       (d) Communication instruments or devices such as data radio,
                   reference, including subsequent amendments           facsimile, computer, or telemetry radio shall be in addition to the
                   and editions. This document is available from        mission dedicated dispatch radio and shall function
                   the OEMS, 2707 Mail Service Center,                  independently from the mission dedicated radio.
                   Raleigh, North Carolina 27699-2707, at no            (e) The Specialty Care Transport Program medical director shall
                   cost. The equipment and supplies shall be            designate the combination of medical equipment as required in
                   clean, in working order, and secured in the          Subparagraph (b)(2) of this Rule that is carried on a mission
                   vehicle;                                             based on anticipated patient care needs.
         (3)       one fire extinguisher mounted in a quick             (f) The ambulance permit for this vehicle shall remain in effect
                   release bracket that is either a dry chemical or     for two years unless any of the following occurs:
                   all-purpose type and has a pressure gauge;                    (1)      The Department imposes an administrative
         (4)       the name of the EMS Provider permanently                               sanction which specifies permit expiration;
                   displayed on each side of the vehicle;                        (2)      The EMS Provider closes or goes out of
         (5)       reflective tape affixed to the vehicle such that                       business;
                   there is reflectivity on all sides of the vehicle;            (3)      The EMS Provider changes name or
         (6)       emergency warning lights and audible warning                           ownership; or
                   devices mounted on the vehicle as required by                 (4)      Failure to comply with the applicable
                   G.S. 20-125 in addition to those required by                           paragraphs of this Rule.
                   Federal Motor Vehicle Safety Standards. All
                   warning devices shall function properly;             History Note:      Authority G.S. 131E-157(a); 143-508(d)(8);
                                                                        Eff. July 1, 2011.



26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
                                                            198
                                                       APPROVED RULES

10A NCAC 13P .0219         STAFFING FOR MEDICAL                      10A NCAC 26F .0105        SCHEDULE IV
AMBULANCE/EVACUATION BUS VEHICLES                                    (a) Schedule IV shall consist of the drugs and other substances
Medical Ambulance/Evacuation Bus Vehicles are exempt from            by whatever official name, common or usual name, chemical
the requirements of G.S. 131E-158(a). The EMS System                 name or brand name designated and as specified in G.S. 90-92.
Medical Director shall determine the combination and number of       Each drug or substance has been assigned the Drug Enforcement
EMT, EMT-Intermediate, or EMT-Paramedic personnel that are           Administration controlled substances code number set forth in
sufficient to manage the anticipated number and severity of          the Code of Federal Regulations, Title 21, Section 1308.l4.
injury or illness of the patients transported in the Medical         (b) The Commission for MH/DD/SAS may add, delete or
Ambulance/Evacuation Bus vehicle.                                    reschedule substances within Schedules I-VI as specified in G.S.
                                                                     90-88.
History Note:      Authority G.S. 131E-158(b);                       (c)    As specified in G.S. 90-88, the Commission for
Eff. July 1, 2011.                                                   MH/DD/SAS adds the following substances within Schedule IV
                                                                     for Depressants:
10A NCAC 13P .0220           STAFFING FOR PEDIATRIC                          (1)      Dichloralphenazone;
SPECIALTY CARE GROUND AMBULANCES                                             (2)      Zopiclone; and
Pediatric Specialty Care Ground Ambulances operated within                   (3)      Fosporopol.
the approved Specialty Care Transport Program dedicated for
inter-facility transport of non-emergent, emergent, and critically   History Note:     Authority G.S. 90-88; 90-92; 143B-147;
ill or injured or discharged Neonatal and Pediatric patients are     Eff. June 30, 1978;
exempt from the requirements of G.S. 131E-158(a). The                Amended Eff. July 1, 1993; January 1, 1989; December 1, 1987;
Specialty Care Program Medical Director shall determine the          August 1, 1987;
staffing that is sufficient to manage the severity of illness or     Temporary Amendment Eff. May 28, 1998;
injury of the patients transported in the Pediatric Specialty Care   Temporary Amendment Expired March 12, 1999;
Ground Ambulance.                                                    Amended Eff. August 1, 2000;
                                                                     Temporary Amendment Eff. January 1, 2002; February 15,
History Note:      Authority G.S. 131E-158(b);                       2001;
Eff. July 1, 2011.                                                   Amended Eff. July 1, 2011; November 1, 2005; April 1, 2003;
                                                                     August 1, 2002.
              ********************

10A NCAC 26F .0104          SCHEDULE III                                    TITLE 11 – DEPARTMENT OF INSURANCE
(a) Schedule III shall consist of the drugs and other substances,
by whatever official name, common or usual name, chemical            11 NCAC 16 .0101            APPLICABILITY
name, or brand name designated and as specified in G.S. 90-91.       The following Rules describe statistical data that shall be
Each drug or substitute has been assigned the Drug Enforcement       submitted to the Actuarial Services Division on a regular basis.
Administration controlled substances code number set forth in                 (1)      11 NCAC 16 .0103 applies to all companies
the Code of Federal Regulations, Title 21, Section 1308.13.                            that write North Carolina nonfleet private
(b)     As specified in G.S. 90-88, the Commission for                                 passenger automobile insurance and to all
MH/DD/SAS adds Embutramide to Schedule III for                                         statistical organizations that collect data
Depressants.                                                                           relating to that line of insurance.
(c)     As specified in G.S. 90-88, the Commission for                        (2)      11 NCAC 16 .0105 applies to all companies
MH/DD/SAS adds Buprenorphine to Schedule III for Narcotic                              that provide professional liability insurance to
Drugs.                                                                                 more than two percent of the insured
(d)     As specified in G.S. 90-88, the Commission for                                 physicians and surgeons in North Carolina.
MH/DD/SAS adds for anabolic steroids, including their salts,                  (3)      11 NCAC 16 .0106 applies to all companies
esters and ethers:                                                                     that write North Carolina credit property
         (1)       Boldione (androsta-1,4-diene-3,17-dione);                           insurance.
         (2)       Desoxymethyltestosterone (17[alpha]-methyl-                (4)      11 NCAC 16 .0107 applies to all companies
                   5[alpha]-androst- 2-en-17[beta]-ol) (a.k.a.,                        that write North Carolina nonfiling insurance.
                   madol); and                                       History Note:     Authority G.S. 58-2-40(1); 58-2-190;
         (3)       19-nor-4,9(10)- androstadienedione (estra-        Eff. December 1, 1990;
                   4,9(10)-diene- 3,17-dione).                       Amended Eff. July 1, 2011.
History Note:     Authority G.S. 90-88; 90-91; 143B-147;             11 NCAC 16 .0102           LOSS RESERVES
Eff. June 30, 1978;
Amended Eff. July 1, 2011; June 1, 2009; August 1, 2002;             History Note:    Authority G.S. 58-2-40; 58-2-190;
August 1, 1991; December 1, 1987; August 1, 1987; July 1,            Eff. December 1, 1990;
1982.                                                                Amended Eff. August 1, 1991;


26:03                                            NORTH CAROLINA REGISTER                                             August 1, 2011
                                                          199
                                                       APPROVED RULES

Repealed Eff. July 1, 2011.
                                                                               TITLE 12 – DEPARTMENT OF JUSTICE
11 NCAC 16 .0104           PROFESSIONAL LIABILITY
INSURANCE                                                            12 NCAC 07D .0201            APPLICATION FOR LICENSES
History Note:     Authority G.S. 58-2-170; 58-2-190;                 AND TRAINEE PERMITS
Eff. December 1, 1990;                                               (a) Each applicant for a license or trainee permit shall submit an
Repealed Eff. July 1, 2011.                                          original and one copy of the application to the Board. The
                                                                     application shall be accompanied by:
11 NCAC 16 .0501         MINIMUM INCURRED LOSS                                (1)       two sets of classifiable fingerprints on an
RATIO                                                                                   applicant fingerprint card;
The premium rates charged for credit unemployment insurance                   (2)       one head and shoulders photograph of the
shall be reasonable in relation to the benefits provided as                             applicant      of   acceptable    quality    for
indicated by a minimum annual incurred loss ratio of 60%.                               identification, one inch by one inch in size,
                                                                                        taken within six months prior to submission;
History Note:     Authority G.S. 58-2-40; 58-57-110(a);                       (3)       certified statement of the result of a criminal
Eff. January 1, 1994;                                                                   history records search by the appropriate
Amended Eff. November 1, 2011.                                                          governmental authority housing criminal
                                                                                        record information or clerk of superior court in
11 NCAC 16 .0503             GENERAL SUBMISSION                                         each county where the applicant has resided
REQUIREMENTS                                                                            within the immediately preceding 60 months;
(a) All credit unemployment minimum incurred loss ratio                       (4)       the applicant's non-refundable application fee;
compliance demonstrations shall be submitted to and stamped                             and
received by the Life and Health Division. All submitted                       (5)       actual cost charged to the Private Protective
demonstrations shall be submitted no later than March 31of each                         Services Board by the State Bureau of
calendar year, to become effective during the calendar year of                          Investigation to cover the cost of criminal
submission, with the exception of submitted demonstrations for                          record checks performed by the State Bureau
use in calendar years 1994 through 1996.                                                of Investigation, collected by the Private
(b) All experience used in the demonstration of compliance                              Protective Services Board.
shall be only North Carolina experience.                             (b) Applications for trainee permits shall be accompanied by a
(c) All compliance demonstrations shall be submitted, in             notarized statement on a form provided by the Board and signed
accordance with this Rule, to the Life and Health Division each      by the applicant and his prospective supervisor, stating that the
succeeding year for reevaluation.                                    trainee applicant shall at all times work with and under the direct
(d) The following information shall be submitted in regards to       supervision of that supervisor.
the qualified actuary:                                               (c) Private investigator trainees applying for a license must
          (1)      Name of the qualified actuary;                    make available for inspection a log of experience on a form
          (2)      Professional designations of the qualified        provided by the Board.
                   actuary, e.g. A.S.A., F.S.A., or M.A.A.A.;        (d) Each applicant must provide evidence of high school
          (3)      Name and address of the company or actuarial      graduation either by diploma, G.E.D. certificate, or other
                   consulting firm employing the qualified           acceptable proof.
                   actuary; and                                      (e) Each applicant for a license shall meet personally with either
          (4)      Telephone number (including extension) of the     a Board investigator, the Screening Committee; the Director, or
                   qualified actuary.                                a Board representative designated by the Director prior to being
(e)     The qualified actuary shall include in the credit            issued a license. The applicant shall discuss the provisions of
unemployment rate request a written statement certifying the         G.S. 74C and the administrative rules during the personal
following:                                                           meeting. The applicant shall sign a form provided by the Board
          (1)      That the qualified actuary (name of qualified     indicating that they have reviewed the information with the
                   actuary) has reviewed Rules .0501 through         Board's representative and that they have an understanding of
                   .0504 of this Section;                            G.S. 74C and the administrative rules.
          (2)      That the qualified actuary certifies that all     History Note:      Authority G.S. 74C-2; 74C-5; 74C-8; 74C-8.1;
                   submitted calculations and data preparation are   Eff. June 1, 1984;
                   in conformity with Rules .0501 through .0504      Amended Eff. July 1, 2011; August 1, 1998; December 1, 1995;
                   of this Section; and                              July 1, 1987; December 1, 1985.
          (3)      All data submitted are accurate and in
                   conformity with Rule .0502 of this Section.       12 NCAC 07D .0701         APPLICATION FOR UNARMED
                                                                     SECURITY GUARD REGISTRATION
History Note:     Authority G.S. 58-2-40; 58-57-70; 58-57-           (a) Each employer or his designee shall submit and sign an
110(a);                                                              application form for the registration of each employee to the
Eff. January 1, 1994;                                                Board. This form shall be accompanied by:
Amended Eff. November 1, 2011.


26:03                                            NORTH CAROLINA REGISTER                                              August 1, 2011
                                                          200
                                                        APPROVED RULES

         (1)       two sets of classifiable fingerprints on an        Mechanical Engineers (ASME) Boiler and Pressure Vessel
                   applicant fingerprint card;                        Code, or The North Carolina State Building Code:
         (2)       two head and shoulders color photographs of                 (1)     "Accepted Design and Construction Code"
                   the applicant of acceptable quality for                             means the Boiler and Pressure Vessel Code of
                   identification, one inch by one inch in size,                       the American Society of Mechanical
                   taken within six months prior to submission;                        Engineers (ASME Code), or a comparable
         (3)       certified statement of the result of a criminal                     code with standards that the Chief Inspector
                   records search from the appropriate                                 determines to be as safe as the ASME Code.
                   governmental authority housing criminal                     (2)     "Appurtenance" means any control, fitting,
                   record information or clerk of superior court in                    appliance or device attached to or working in
                   each area where the applicant has resided                           conjunction with the boiler proper or pressure
                   within the immediately preceding 48 months;                         vessel.
         (4)       the applicant's non-refundable registration fee;            (3)     "ASME Code" means the Boiler and Pressure
                   and                                                                 Vessel Code of the American Society of
         (5)       actual cost charged to the Private Protective                       Mechanical Engineers.
                   Services Board by the State Bureau of                       (4)     "Audit" means activities, other than those
                   Investigation to cover the cost of criminal                         identified as certificate inspections, conducted
                   record checks performed by the State Bureau                         by the Chief Inspector or his designee. These
                   of Investigation, collected by the Private                          activities include, in part:
                   Protective Services Board.                                          (a)       reviews and surveys for ASME and
(b) The employer of each applicant for registration shall give                                   National Board stamp issuance and
the applicant a copy of the application and shall retain a copy of                               renewal;
the application in the individual's personnel file in the                              (b)       audits conducted on an authorized
employers' office.                                                                               inspector at the location of a
(c) The applicant's copy of the application shall serve as a                                     manufacturer or repair organization
temporary registration card which shall be carried by the                                        as may be required by the ASME
applicant when he is within the scope of his employment and                                      Code, National Board Inspection
which shall be exhibited upon the request of any law                                             Code, or National Board Rules for
enforcement officer or authorized representative of the Board.                                   Commissioned Inspectors; and
(d) A statement signed by a certified trainer that the applicant                       (c)       audits pursuant to evaluation for the
has successfully completed the training requirements of 12                                       issuance of North Carolina Specials.
NCAC 7D .0707 shall be submitted to the Director with the                      (5)     "Automatically fired boiler" means a boiler
application.                                                                           that cycles automatically in response to a
(e) A copy of the statement specified in Paragraph (d) of this                         control system and which does not require a
Rule shall be retained by the licensee in the individual                               constant attendant for the purpose of
applicant's personnel file in the employer's office.                                   introducing fuel into the combustion chamber
                                                                                       or to control electrical input.
History Note:      Authority G.S. 74C-5; 74C-8.1; 74C-11;                      (6)     "Authorized Inspection Agency" means an
Eff. June 1, 1984;                                                                     organization       employing       commissioned
Amended Eff. July 1, 2011; August 1, 1998; December 1, 1995;                           inspectors including the following:
June 1, 1994; February 1, 1990; May 1, 1988.                                           (a)       the Department of Labor, Boiler
                                                                                                 Safety Bureau;
12 NCAC 07D .1201 EXPERIENCE REQUIREMENTS                                              (b)       an inspection agency of an insurance
FOR COURIER LICENSE                                                                              company licensed to write boiler and
                                                                                                 pressure vessel insurance; or
History Note:     Authority G.S. 74C-3(a)(4); 74C-5; 74C-13;                           (c)       an owner-user inspection agency that
Eff. May 1, 2004;                                                                                meets the requirements of G.S. 95-
Amended Eff. February 1, 2009;                                                                   69.15.
Repealed Eff. July 1, 2011.                                                    (7)     "Authorized inspector" means an employee of
                                                                                       an Authorized Inspection Agency who is
                                                                                       commissioned by the National Board and this
          TITLE 13 – DEPARTMENT OF LABOR                                               State, holds an appropriate endorsement on
                                                                                       his/her National Board Commission, and
13 NCAC 13 .0101            DEFINITIONS                                                inspects as the third party inspector in ASME
The following definitions apply throughout the rules in this                           Code manufacturing facilities.
Chapter and shall be construed as controlling in case of any                   (8)     "Boiler," as defined in G.S. 95-69.9(b),
conflict with the definitions contained in ANSI/NB-23 National                         includes the following types of boilers:
Board Inspection Code Parts 2 and 3, The American Society of                           (a)       "Exhibition boiler" means a historical
                                                                                                 or antique boiler which generates


26:03                                             NORTH CAROLINA REGISTER                                             August 1, 2011
                                                           201
                                           APPROVED RULES

              steam or hot water for the purposes of                      by any other source and withdrawn
              entertaining or educating the public                        for potable use external to the system
              or is used for demonstrations, tourist                      at pressures not exceeding 160 psig
              travel or exhibitions.       This term                      and temperatures not exceeding
              includes steam tractors, threshers,                         210°F.
              steam powered sawmills, and similar        (9)    "Boiler blowoff" means that system associated
              usages;                                           with the rapid draining of boiler water to
        (b)   "High pressure boiler" means a boiler             remove concentrated solids which have
              in which steam or other vapor is                  accumulated as a natural result of steam
              generated at a pressure of more than              generation. This term also applies to the
              15 psig, or water is heated to a                  blowoff for other boiler appurtenances, such as
              temperature greater than 250°F and a              the low-water fuel cutoff.
              pressure greater than 160 psig for use     (10)   "Boiler proper" or "pressure vessel" means the
              external to itself. High pressure                 internal mechanism, shell, and heads of a
              boilers include the following:                    boiler or pressure vessel terminating at:
              (i)       Electric boilers;                       (a)       the first circumferential joint for
              (ii)      Miniature boilers;                                welded end connections;
              (iii)     High temperature water                  (b)       the face of the first flange in bolted
                        boilers; and                                      flange connections; or
              (iv)      High temperature liquid                 (c)       the first threaded joint in threaded
                        boilers (other than water).                       connections.
        (c)   "Low pressure boiler" means a boiler       (11)   "Bureau" means the Boiler Safety Bureau of
              in which steam or other vapor is                  the North Carolina Department of Labor.
              generated at a pressure of not more        (12)   "Certificate inspection" means an inspection,
              than 15 psig, or water is heated to a             the report of which is used by the Chief
              temperature not greater than 250°F                Inspector as justification for issuing,
              and a pressure not greater than 160               withholding or revoking the inspection
              psig, including the following:                    certificate. The term certificate inspection also
              (i)       "Hot water heating boiler"              applies to the external inspection conducted in
                        means a low pressure boiler             accordance with this Chapter whether or not a
                        that supplies heated water              certificate is intended to be issued as a result
                        that is returned to the boiler          of the inspection.
                        from a piping system and is      (13)   "Condemned boiler or pressure vessel" means
                        used normally for building              a boiler or pressure vessel:
                        heat applications (hydronic             (a)       that has been found not to comply
                        boiler);                                          with G.S. Chapter 95, Article 7A, or
              (ii)      "Hot water supply boiler"                         this Chapter;
                        means a low pressure boiler             (b)       that constitutes a menace to public
                        that furnishes hot water to be                    safety; and
                        used externally to itself               (c)       that cannot be repaired or altered so
                        (domestic water boiler); and                      as to comply with G.S. Chapter 95,
              (iii)     "Steam      heating    boiler"                    Article 7A, and this Chapter.
                        means a low pressure boiler      (14)   "Coil type watertube boiler" means a boiler
                        that generates steam to be              having no steam space, such as a steam drum,
                        used normally for building              whereby the heat transfer portion of the water
                        heat applications.                      containing space consists only of a coil of pipe
        (d)   "Model hobby boiler" means a boiler               or tubing.
              which generates steam, whether             (15)   "Commissioned inspector" means an employee
              stationary or mobile, where the boiler            of an Authorized Inspection Agency that is
              does not exceed 20 square feet                    commissioned by the National Board and the
              heating surface, a shell diameter of 16           State of North Carolina and who is charged
              inches, a volume of 5 cubic feet and a            with conducting in-service inspections of
              pressure not exceeding 150 psig and               pressure equipment and inspecting repairs or
              is used for the purpose of                        alterations to that equipment.
              entertainment or exhibiting steam          (16)   "Defect" means any deterioration to the
              technology; and                                   pressure equipment affecting the integrity of
        (e)   "Water heater" means a closed vessel              the pressure boundary or its supports. Defects
              in which water is heated by the                   may be cracks, corrosion, erosion, bags,
              combustion of fuel, by electricity, or            bulges, blisters, leaks, broken parts integral to


26:03                                NORTH CAROLINA REGISTER                                   August 1, 2011
                                              202
                                                     APPROVED RULES

               the pressure boundary such as stays, or other              those individuals who have passed the
               flaws identified by NDE or visual inspection.              National Board commissioning examination
        (17)   "Deficiency" means any violation of the                    and have otherwise fulfilled the requirements
               Uniform Boiler and Pressure Vessel Act or                  of the National Board Rules for Commissioned
               this Chapter or identified defects.                        Inspectors.
        (18)   "Design criteria" means accepted design and         (28)   "National Board Inspection Code (NBIC)"
               construction code requirements relating to the             means the ANSI/NB-23 standard published by
               mode of design and construction of a boiler or             the National Board, as adopted by the Bureau.
               pressure vessel.                                    (29)   "Nondestructive examination (NDE)" means
        (19)   "External inspection" means an inspection of               examination methods used to verify the
               the external surfaces and appurtenances of a               integrity of materials and welds in a
               boiler or pressure vessel.          An external            component without damaging its structure or
               inspection may entail the "shutting down" of a             altering its mechanical properties. NDE may
               boiler or pressure vessel while it is in                   involve surface, subsurface, and volumetric
               operation, including inspection of internal                examination. Visual inspection, x-rays, and
               surfaces, if the inspector determines this action          ultrasound are examples of NDE.
               is warranted.                                       (30)   "Nonstandard boiler or pressure vessel"
        (20)   "Hydropneumatic storage tank" means a                      means:
               pressure vessel used for storage of water at               (a)      high pressure boilers contracted for or
               ambient temperature not to exceed 120°F and                         installed before December 7, 1935;
               where a cushion of air is contained within the             (b)      heating boilers contracted for or
               vessel.                                                             installed before January 1, 1951;
        (21)   "Imminent danger" means any condition or                   (c)      pressure vessels contracted for or
               practice in any location that a boiler or                           installed before January 1, 1976;
               pressure vessel is being operated which is such            (d)      hydropneumatic       storage      tanks
               that a danger exists, and which could                               contracted for or installed before
               reasonably be expected to cause death or                            January 1, 1986; and
               serious physical harm immediately if the                   (e)      boilers or pressure vessels for which
               condition is not abated.                                            the ASME Code is not intended to
        (22)   "Insurance inspector" means the special                             apply, other than those boilers and
               inspector employed by an insurance company,                         pressure vessels to which the term
               and holding a valid North Carolina                                  North Carolina Special applies.
               Commission and National Board Commission.           (31)   "Normal working hours" means between the
        (23)   "Internal inspection" means as complete an                 hours of 6:00 AM and 6:00 PM, Monday
               examination as can reasonably be made of the               through Friday, except for state recognized
               internal     and     external    surfaces    and           holidays established in 25 NCAC 01E .0901.
               appurtenances of a boiler or pressure vessel        (32)   "North Carolina Commission" means the
               while it is shut down.                                     commission issued by the Board, to holders of
        (24)   "Maximum allowable working pressure                        a National Board Commission, authorizing
               (MAWP)" means the maximum gauge                            them to conduct inspections in this State.
               pressure as determined by employing the stress      (33)   "North Carolina Special" means a boiler or
               values, design rules and dimensions designated             pressure vessel that is not constructed under
               by the accepted design and construction code               the accepted design and construction code and
               or as determined by the Chief Inspector in                 for which the owner/operator must apply for a
               accordance with this Chapter.                              special inspection certificate with the Chief
        (25)   "Menace to public safety" means a boiler or                Inspector.
               pressure vessel that cannot be operated without     (34)   "NPS" means nominal pipe size.
               a risk of injury to persons and property.           (35)   "Nuclear component" means the items in a
        (26)   "Miniature boiler" means a boiler which does               nuclear power plant such as pressure vessels,
               not exceed any of the following:                           piping systems, pumps, valves, and component
               (a)       16 inch inside shell diameter;                   supports.
               (b)       20 square feet of heating surface         (36)   "Nuclear system" means a system comprised
                         (does not apply to electrically fired            of nuclear components which collectively
                         boilers);                                        serve the purpose of producing and controlling
               (c)       5 cubic feet volume; and                         an output of thermal energy from nuclear fuel
               (d)       100 psig maximum allowable                       and includes those associated systems essential
                         working pressure.                                to the function and overall safety of the power
        (27)   "National Board Commission" means the                      system.
               commission issued by the National Board to


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                                                        203
                                                      APPROVED RULES

        (37)   "Operating pressure" means the pressure at                                               the increase in pressure over
               which a boiler or pressure vessel operates. It                                           the opening pressure; and
               shall not exceed the MAWP except as shown                                       (iii)    "Safety valve" means an
               in Section I of the ASME Code for forced flow                                            automatic pressure relief
               steam generators.                                                                        valve that is actuated by
        (38)   "Owner or user" means any person or legal                                                static pressure upstream of
               entity responsible for the operation of any                                              the valve and characterized
               boiler or pressure vessel installed in this State.                                       by full opening pop action.
               This term also applies to a contractor, installer,            (42)    "PSIG" means pounds per square inch gauge.
               or agent of the owner or user, as applicable.                 (43)    "Reinspection or Follow-Up Inspection"
        (39)   "Owner-user inspector" means an individual                            means as complete an examination as is
               who holds a valid North Carolina Commission                           necessary to verify that any repair or
               and National Board Commission and is                                  corrective action required as a result of a
               employed by a company operating pressure                              certificate inspection is completed.
               vessels for its own use and not for resale, and               (44)    "Service vehicle" means a vehicle mounted
               maintains an inspection program that meets the                        with an air storage tank and often with other
               requirements of the National Board for                                storage tanks that have oil, grease or other
               periodic inspection of pressure vessels owned                         fluids. The purpose of the vehicle is to service
               or used by that company.                                              vehicles and equipment in the field away from
        (40)   "Pressure piping" means piping including                              the owner's shop.
               welded piping, external to high pressure                      (45)    "Shop inspection" means an inspection
               boilers from the boiler proper to the required                        conducted by an Authorized Inspector
               valve(s).                                                             pursuant to an inspection service agreement
        (41)   "Pressure relief devices" mean the devices on                         whereby the fabrication process or the repair
               boilers and pressure vessels set to open and                          or alteration of a boiler or pressure vessel is
               relieve the pressure in the event of an over                          observed to ensure compliance with ASME
               pressurization event, and include the                                 and the National Board.
               following:                                                    (46)    "Special inspection" means any inspection
               (a)       "Non-reclosing       pressure     relief                    conducted by a Deputy Inspector other than a
                         device" means a pressure relief                             regularly scheduled inspection.           Special
                         device designed to remain open after                        inspection also includes the performance of an
                         operation and includes a rupture disk                       inspection by a Deputy Inspector which
                         which is a non-reclosing pressure                           requires that the inspector make a special trip
                         relief device actuated by static                            to meet the needs of the individual or
                         pressure upstream of the device and                         organization requesting the inspection,
                         designed to function by the bursting                        including conducting certificate inspections
                         of a pressure retaining disk; and                           during hours other than normal working hours,
               (b)       "Pressure relief valve" means a                             and inspection of field repairs and alterations.
                         pressure relief device that is designed             (47)    "Special inspector" means a National Board
                         to reclose and prevent the further                          commissioned inspector employed by an
                         flow of fluid after normal conditions                       insurance company authorized to write boiler
                         have been restored. These devices                           and pressure vessel insurance in the state of
                         include:                                                    North Carolina.
                         (i)      "Relief valve" means an                    (48)    "Violation" means the failure to comply with
                                  automatic pressure relief                          the requirements of the Uniform Boiler and
                                  valve that is actuated by                          Pressure Vessel Act or this Chapter.
                                  static pressure upstream of       History Note:    Authority G.S. 95-69.11; 95-69.14;
                                  the valve which opens             Eff. May 29, 1981;
                                  further with the increase in      Temporary Amendment [(16)]; Eff. March 10, 1982, for a
                                  pressure over the opening         Period of 120 Days to Expire on July 8, 1982;
                                  pressure;                         Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006;
                         (ii)     "Safety relief valve" means       January 1, 1995; January 1, 1987; January 1, 1986; June 1,
                                  an automatic pressure relief      1982.
                                  valve that is actuated by
                                  static pressure upstream of       13 NCAC 13 .0103         INCORPORATED - STANDARDS
                                  the valve and characterized       (a) The following standards are incorporated by reference,
                                  by full opening pop action or     including subsequent amendments and editions of the standards:
                                  by opening in proportion to                (1)     The ANSI/NB-23 National Board Inspection
                                                                                     Code (NBIC) Parts 2 and 3. Copies of the


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                                                        204
                                                        APPROVED RULES

                  ANSI/NB-23 National Board Inspection Code                    (1)       has attained a passing grade of 70 percent or
                  Parts 2 and 3 are available for inspection at the                      higher on an examination administered by the
                  offices of the Bureau and may also be obtained                         Chief Inspector relating to the Uniform Boiler
                  from the National Board of Boiler and                                  and Pressure Vessel Act and the rules of this
                  Pressure Vessel Inspectors, via U.S. Mail at                           Chapter; and
                  1055 Crupper Avenue, Columbus, Ohio                           (2)      meets all other criteria as set forth in the
                  43299, via telephone at (614) 888-8320, or via                         Uniform Boiler and Pressure Vessel Act and
                  the internet at www.nationalboard.org. The                             this Chapter.
                  cost is one hundred and fifty dollars ($150.00)     (c) If a North Carolina Commissioned inspector does not
                  per NBIC hard copy edition (complete set);          conduct at least one inspection in North Carolina per calendar
                  sixty-five dollars ($65.00) for one part only;      year, the inspector must retake and pass this examination before
                  and one hundred and thirty dollars ($130.00)        becoming commissioned again in this state.
                  for two parts only, plus shipping and handling.     (d) National Board examinations are administered by the
          (2)     The American Society of Mechanical                  National Board of Boiler and Pressure Vessel Inspectors through
                  Engineers (ASME) Boiler and Pressure Vessel         Applied Measurement Professionals ("AMP"). Information on
                  Code. Copies of the complete set of the             the examinations may be found on the National Board web site
                  ASME Code are available for inspection at the       at www.nationalboard.org or by telephone at (614) 888-8320.
                  offices of the Bureau and may also be obtained      (e) The National Board Inservice Inspector examination covers
                  from the American Society of Mechanical             the installation, operation, maintenance and repair of boilers and
                  Engineers, via U.S. Mail at P.O. Box 2300,          pressure vessels and their appurtenances. A grade of 70 percent
                  Fairfield, New Jersey 07007-2300, via               or higher must be attained to achieve a passing grade on the
                  telephone at (800) 843-2763, via facsimile at       examination.
                  (973)       882-1170,      via      email      at
                  infocentral@asme.org, or via the internet at        History Note:    Authority G.S. 95-69.11; 95-69.15;
                  www.asme.org. The cost is fourteen thousand         Eff. May 29, 1981;
                  five hundred dollars ($14,500) per set.             Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006;
          (3)     The North Carolina State Building Code.             January 1, 1995; September 1, 1986.
                  Copies of the North Carolina State Building
                  Code are available for inspection at the offices    13 NCAC 13 .0203            NORTH CAROLINA
                  of the Bureau and may also be obtained either       COMMISSION
                  from the North Carolina Department of               (a) When requested by the employer and upon presentation of a
                  Insurance, Office of the State Fire Marshall,       properly completed Application for Commission as an Inspector
                  Engineering Division, Codebook Section, via         of Boilers and Pressure Vessels, a North Carolina Commission,
                  walk-in at 322 Chapanoke Road, Suite 200,           bearing the signature of the Commissioner, shall be issued by the
                  Raleigh, North Carolina 27603, or from the          Board to persons holding a valid National Board Commission
                  International Code Council via telephone at         who have taken and passed the examination specified in 13
                  (800) 786-4452 or via the internet at               NCAC 13 .0202(b).
                  www.ncdoi.com/OSFM/Engineering/CodeSer              (b) Applications for a North Carolina Commission shall be
                  vices/engineering_codeservices_sales.asp.           processed upon proof of a National Board Commission and
                  The cost is one hundred sixteen dollars             payment of a twenty five dollar ($25.00) fee to the Department
                  ($116.00) per copy.                                 of Labor.
(b) The rules of this Chapter shall control when any conflict         (c) North Carolina Commissions are valid through December
between these Rules and the standards cited in Subparagraphs          31, at which time the inspector's employer shall submit a
(a)(1) and (2) of this Rule exists. In the event that a conflict      renewal request letter and a twenty five dollar ($25.00) fee to the
between these Rules and the North Carolina State Building Code        Department of Labor.
exists, the more stringent standard prevails and shall be adhered     (d) The North Carolina Commission shall be returned by the
to.                                                                   employing company with notification of termination date to the
                                                                      Bureau within 30 days of termination of employment.
History Note:     Authority G.S. 95-69.11; 95-69.14;                  (e) A North Carolina Commission may be suspended or revoked
Eff. January 1, 1995;                                                 by the Board in accordance with G.S. 95-69.13 for
Amended Eff. July 1, 2011; July 1, 2006.                              incompetence, untrustworthiness or falsification of any
                                                                      statement in an application or inspection report. The Board shall
13 NCAC 13 .0202         INSPECTOR QUALIFICATION                      give notice of the commencement of proceedings for suspension
(a) Deputy Inspectors conducting certificate inspections shall be     or revocation of a commission pursuant to G.S. 150B-23. A
in possession of a valid North Carolina Commission. Special           North Carolina Commission may be suspended prior to the
Inspectors and Owner-User Inspectors shall be in possession of a      hearing if the Chief Inspector determines that the public health,
National Board Commission and a North Carolina Commission.            safety or welfare requires this action. In this case, the
(b) A North Carolina Commission shall be issued to an                 proceedings shall be promptly commenced and determined in
inspector who:                                                        accordance with G.S. 150B-3. The Board's decision regarding


26:03                                             NORTH CAROLINA REGISTER                                              August 1, 2011
                                                           205
                                                         APPROVED RULES

the competency of an inspector shall be determined after               Hillsborough St., Raleigh, NC 27603. All notifications shall
consideration of the knowledge, skill, and care ordinarily             include reference to the following:
possessed and employed by boiler and pressure vessel inspection                 (1)      Object, date of service and effective date;
personnel in good standing. Industry custom and practice shall                  (2)      Owner's number;
be considered but are not determinative. Failure to conduct the                 (3)      Jurisdiction number;
inspections in accordance with this Chapter shall constitute                    (4)      National Board number;
incompetence. The inspector shall be given the opportunity to                   (5)      Name of manufacturer;
show that he is conducting his duties in a competent manner and                 (6)      Name of owner including county;
that suspension or revocation is unwarranted. If the inspector                  (7)      Location of object including county;
believes that the decision of the Board is not warranted, he may                (8)      User of object;
file a petition for judicial review pursuant to Article 4 of Chapter            (9)      Date of last inspection for certificate;
150B of the N.C. General Statutes.                                              (10)     Whether or not a certificate of inspection was
                                                                                         issued; and
History Note:    Authority G.S. 95-69.11; 95-69.15;                             (11)     Reason for discontinuance or cancellation.
Eff. May 29, 1981;
Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006;              History Note:    Authority G.S. 95-69.11; 95-69.14;
January 1, 1995; March 2, 1992; September 1, 1986.                     Eff. May 29, 1981;
                                                                       Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006;
13 NCAC 13 .0204            CONFLICT OF INTEREST                       January 1, 1995.
No one holding a commission in North Carolina shall engage in
any conduct or endeavor that would constitute a conflict of            13 NCAC 13 .0209            INSTALLERS TO NOTIFY
interest including the following:                                      CHIEF INSPECTOR
          (1)      Ownership or employment in any kind of              Any company or individual installing boilers or pressure vessels
                   boiler or pressure vessel sales or service          subject to inspection in accordance with this Chapter shall notify
                   business;                                           the Chief Inspector and request a certificate inspection not less
          (2)      Ownership or employment in any kind of              than 10 working days prior to placing equipment in operation.
                   boiler or pressure vessel parts or                  Any company or individual wishing to install used boilers or
                   appurtenances sales or service business;            pressure vessels that are subject to this Chapter shall request
          (3)      Consultative services for accepted design and       permission using the Used Equipment Request Form found on
                   construction codes or National Board quality        the Boiler Safety Bureau website. Equipment shall not be
                   program design or implementation; or                operated, other than for testing, prior to an inspection being
          (4)      Inspection services outside the purview of the      conducted that finds the boiler or pressure vessel to be in
                   employing entity.                                   compliance with this Chapter.

History Note:    Authority G.S. 95-69.11; 95-69.14;                    History Note:    Authority G.S. 95-69.11; 95-69.14;
Eff. May 29, 1981;                                                     Eff. May 29, 1981;
Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006;              Amended Eff. July 1, 2011; July 1, 2006; January 1, 1995.
January 1, 1995.
                                                                       13 NCAC 13 .0212          PREPARATION FOR
13 NCAC 13 .0208            INSURANCE COMPANIES TO                     INSPECTION
NOTIFY CHIEF INSPECTOR                                                 (a) The owner or user shall prepare a high pressure boiler,
(a) All insurance companies shall notify the Chief Inspector           including locomotive, hobby and exhibition boilers, for internal
within 30 days if any of the following actions are taken               inspection by:
concerning boiler or pressure vessels:                                          (1)    cooling the boiler, furnace, and setting so as to
          (1)     the issuance of a policy;                                            prevent damage to any part;
          (2)     the cancellation of a policy; or                              (2)    draining and washing internal parts to be
          (3)     removal of a boiler or pressure vessel from                          inspected, including disassembly and cleaning
                  service.                                                             of float bowl type low-water fuel cutoff
(b) All insurance companies shall notify the Chief Inspector                           devices and associated piping plugs or caps;
within 10 days regarding the non-renewal or suspension of a                     (3)    removing wash-out, drain, and inspection
policy because of unsafe conditions.                                                   plugs;
(c) Notification for items listed under Paragraph (a) of this Rule              (4)    removing enough of the grates in an internally
shall be made by using the National Board form NB-4, or a form                         fired boiler to permit inspection;
determined by the Chief Inspector to be equivalent to the                       (5)    removing soot, ashes and unburned solid fuel
National Board form. Notifications under Paragraph (b) of this                         plus enough brickwork, refractory, and
Rule shall be made by telephone at (919) 807-2760, email at                            insulation to permit inspection;
boiler.safety@labor.nc.gov or overnight mail or package                         (6)    removing manhole and handhole plates;
delivery service to the Boiler Safety Bureau, B506, 111                         (7)    preparing the controls and safety devices for
                                                                                       inspection and testing;


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                                                            206
                                                        APPROVED RULES

         (8)       preventing leakage of water, steam, or vapors     (b) For a first time extended inspection frequency, the following
                   into boiler interiors that would endanger         shall apply to both new and existing equipment:
                   personnel;                                                 (1)       Base Line Inspections: At the outset of an
          (9)      providing adequate ventilation to prevent the                        extended inspection frequency, a base line
                   accumulation of hazardous gasses; and                                inspection must be conducted of all inside and
          (10)     providing, when requested by the inspector, a                        outside accessible pressure boundaries. The
                   competent person, as defined under the North                         inspected area shall be examined visually by a
                   Carolina Occupational Safety & Health                                North Carolina Department of Labor, Boiler
                   standard for confined spaces, to assist the                          Safety Bureau Inspector Supervisor along with
                   inspector in the performance of his inspection.                      a Deputy Inspector for evidence of cracking,
(b) In addition to the requirements in Paragraph (a) of this Rule,                      discoloration, wear, pitting, bulging, blistering,
the owner or user shall prepare a high pressure boiler that has a                       excessive corrosion and erosion, arc strikes,
manhole and which is connected to a common header with                                  gouges, dents and other signs of surface
another boiler for internal inspection by:                                              irregularities. Areas that are suspect shall be
          (1)      closing and tagging, or padlocking, the steam                        non-destructively examined by a method
                   stop valves and opening all drain valves or                          acceptable to the Inspector Supervisor and
                   cocks located between the steam stop valves;                         Deputy Inspector. For areas which are still
          (2)      closing and tagging, or padlocking, the feed                         suspect after such examination, a more
                   and check valves and opening all drain valves                        thorough supplemental examination and
                   or cocks located between the feed and check                          engineering evaluation of the discontinuities
                   valves;                                                              shall be conducted and discussed with the
          (3)      draining boiler and then closing and                                 Chief Inspector or designee. At that time, a
                   padlocking the blowoff valves;                                       decision shall be rendered on the required
          (4)      disconnecting, at the request of the inspector,                      repair of the discontinuity;
                   blowoff lines between pressure parts and                   (2)       Inspection Mapping and Records:                An
                   valves;                                                              inspection grid map shall be constructed for
          (5)      opening all drains and vent lines;                                   each pressure component detailing precisely
          (6)      closing and tagging or padlocking all fuel                           the areas found suspect. The grid shall not
                   valves, blower or fan motors and any other                           exceed four inch square. Suspect area shall be
                   devices that may deliver energy in any form to                       described in relevant details and photographs
                   the boiler; and                                                      of such areas shall be taken. Records shall be
          (7)      after complying with all other provisions of                         kept and made available to the Deputy
                   this Rule, removing the manhole covers.                              Inspector prior to the next required inspection;
(c) The owner or user need not make any special preparation for               (3)       Base Line Inspection of Boiler Tubes: The
an external inspection of a boiler or pressure vessel, except that                      boiler tubes shall be examined by
if the inspector requires the boiler or pressure vessel to be shut                      nondestructive examination. Tubes shall be
down for a closer inspection, the boiler or pressure vessel shall                       examined for wear, corrosion, erosion,
be prepared as is required for the internal inspection of a high                        thinning,      bulging,      blistering,    dents,
pressure boiler.                                                                        discoloration, cracking and any other surface
                                                                                        irregularities. Areas which are suspect shall be
History Note:    Authority G.S. 95-69.11;                                               noted and discussed with the Inspector
Eff. May 29, 1981;                                                                      Supervisor and Deputy Inspector; and
Amended Eff. July 1, 2011; July 1, 2006; January 1, 1995.                     (4)       Boiler Tube Inspection Mapping and Record:
                                                                                        Where suspect tubes are identified, the boiler
13 NCAC 13 .0214            EXTENDED PRESSURE                                           tubes shall be numbered in a logical sequence
EQUIPMENT OPERATING CERTIFICATES                                                        and the location of any suspect area shall be
(a) G.S. 95-69.16 and 13 NCAC .0211(l) of this Chapter allows                           precisely defined and described in relevant
the Commissioner, through the Chief Inspector, to modify the                            details. Photographs of such areas shall be
inspection frequency for individual pressure equipment if it is                         taken. Records shall be kept and made
determined that due to unique conditions, the new frequency will                        available to the Inspector Supervisor and
provide for the safety attained by the normal inspection                                Deputy Inspector prior to the next required
frequency. Proper maintenance programs, the condition of the                            inspection.
pressure equipment and a baseline inspection help to determine       (c)    Scheduling of Inspections for Extended Certificate:
if the equipment is eligible for extended certification. The Chief   Approximately two months prior to a scheduled outage in which
Inspector may allow certificate renewal frequencies of up to         the boiler may be inspected, and prior to the current certificate
three years.     Companies wishing to have their pressure            expiration, the owner shall do the following in order to initiate
equipment given an extended certification must apply by letter to    the inspection process:
the Chief Inspector requesting extended certification.                        (1)       Send a letter addressed to the Chief Inspector
                                                                                        requesting the extended certificate;


26:03                                            NORTH CAROLINA REGISTER                                                August 1, 2011
                                                          207
                                                         APPROVED RULES

         (2)       Contact the North Carolina Department of                               valves reworked by a National Board "VR" or
                   Labor, Boiler Safety Bureau at 919-807-2760                            "NVR" authorized company;
                   and request to speak with an Inspector                        (2)      Inspect the pressure equipment internally; and
                   Supervisor for the purpose of scheduling the                  (3)      Inspect the drums and shells using the
                   inspections required for extending the boiler                          following methods:
                   inspection certificate expiration for to up to 36                      (A)      Examine penetrations into the
                   months (have the North Carolina identification                                  drum/shell wall for cracking: if the
                   number available); and                                                          nozzles are visible from inside the
         (3)       Agree with the Inspector Supervisor and                                         drum/shell, then a visual examination
                   Deputy Inspector on a date to meet for the                                      is       satisfactory;       otherwise
                   external inspection of the boiler and to review                                 ultrasonically examine the nozzles,
                   reports. The boiler must be operating when                                      from the outside surface, of at least
                   the external inspection is done. Heat recovery                                  20 percent of the pressure equipment
                   boilers with less than one percent capacity                                     nozzles;
                   factor per year may be excluded from the need                          (B)      Visually examine inside the heads;
                   to operate during the external inspection but a                                 and
                   letter requesting the exclusion must be sent to                        (C)      Crawl through the drum/shell for a
                   the Chief Inspector stating the capacity factor                                 visual examination if possible.
                   for the year.                                       (f) Setting the Certificate Interval: The Deputy Inspector will
(d) External Inspection: The following reports must be                 inform the owner whether the inspection records and condition
available to the Inspector Supervisor and Deputy Inspector at the      of the pressure equipment meet the requirements necessary for
external inspection:                                                   requesting the Chief Inspector to extend the inspection
         (1)       NBIC R1 forms with job folders (for the past        certificate. If the necessary requirements are met, the Deputy
                   five years for initial inspections and since the    Inspector will submit his inspection report to the Chief Inspector
                   previous inspection for renewals);                  with the recommendation for up to a three-year certificate.
         (2)       A list of major modifications scheduled and         (g) Follow-up and Interim Inspections: External inspections of
                   those modifications done since the last internal    high pressure boilers are required six months after the certificate
                   inspection with the NBIC R2 forms;                  renewal, and then annually thereafter. The external inspections
         (3)       VR forms (for the past five years for initial       may be performed by the Boiler Safety Bureau Deputy
                   inspections and since the previous inspection       Inspectors or by the owner's insurance inspector. The results of
                   for renewals);                                      the inspection must be submitted to the North Carolina
         (4)       Remaining life analysis (RLA) reports for           Department of Labor, Boiler Safety Bureau on the appropriate
                   headers (for the past five years for initial        inspection form as provided by the Chief Inspector.
                   inspections and since the previous inspection
                   for renewals);                                      History Note:      Authority G.S. 95-69.11; 95-69.14; 95-69.16;
         (5)       Side elevation drawing of the boiler (8 ½           Eff. July 1, 2011.
                   inches by 11 inches);
         (6)       Steam & Mud drums - Original drum                   13 NCAC 13 .0301             INSPECTION
                   thickness, drawings and P4's if available;          DOCUMENTATION
         (7)       Copy of the last operating certificate and          (a) The inspector shall document the results of the inspection on
                   copies of the last three years of inspection        a written inspection report or in an electronic format recognized
                   reports;                                            by the Chief Inspector.
         (8)       Reports of annual external inspections (by          (b) If the inspector finds that the boiler or pressure vessel is in
                   owner's insurance company or a Boiler Safety        compliance with the rules in this Chapter, he shall indicate on
                   Bureau Deputy Inspector; and                        the report that the boiler or pressure vessel is satisfactory.
         (9)       Attention must be paid to the areas determined      (c) If the inspector finds the boiler or pressure vessel is not in
                   suspect by previous inspections.                    compliance with the rules in this Chapter, he shall specify on the
(e) Internal Inspection: Following are the required inspections        inspection report the deficiencies and the required repairs or
during the outage:                                                     corrective action.
         (1)       Prior to the outage the safety valves must be       (d) The inspector shall determine if the deficiency is such that
                   inspected. Schedule the operational test for all    operation of the boiler or pressure vessel creates a condition of
                   safety valves after the unit comes back up.         imminent danger. If a condition of imminent danger exists, the
                   Upon a successful operational test, the repair      inspector shall state on the inspection report that operation of the
                   organization will affix an updated inspection       boiler or pressure vessel is to cease until completion of the
                   tag to the valve. Request the Deputy Inspector      necessary repairs or corrective action. The inspector shall notify
                   to return and verify the updated inspection tag.    the Chief Inspector upon discovery of any condition of imminent
                   In lieu of operational tests, it is acceptable to   danger.
                   replace safety valves with new valves or            (e) If the condition of the boiler or pressure vessel is such that
                                                                       repairs or corrective action cannot bring the boiler or pressure


26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
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                                                        APPROVED RULES

vessel into compliance, the inspector shall recommend to the             (c) The rules of this Chapter shall control when any conflict is
Chief Inspector that the boiler or pressure vessel be condemned          found to exist between the Rules and the accepted design and
from further use.                                                        construction code or the National Board Inspection Code.
(f) For inspections revealing deficiencies, the inspector shall          (d) Welded repairs and alterations may be made only by an
provide the owner/user contact with specific information                 individual or organization in possession of a valid certificate of
regarding the violation. The Bureau shall generate a Notice of           authorization for use of the National Board "R" symbol stamp.
Violation letter and send to the owner/user. The Notice of               Repairs and alterations shall be reported on National Board "R1"
Violation shall outline the violation(s), the required corrective        and R2" reports respectively.          The forms, along with
action, and the date by which the corrective action shall be             supplements used, shall be submitted to the Chief Inspector
completed.                                                               within 60 days of the completion of the work conducted. Repair
(g) The Bureau shall issue an invoice to the owner or user for           and alteration forms shall be annotated with the appropriate NC
the inspections made and for issuance of the inspection                  identification number for the pressure equipment repaired.
certificate. The owner or user shall remit payment as indicated          (e) In such cases where removal of a defect in a pressure-
on the invoice within 30 days to the North Carolina Department           retaining item is not practical at the time of discovery, with
of Labor.                                                                approval of the Chief Inspector, the repair may be conducted in
                                                                         compliance with the NBIC, Part 3 Repairs and Alterations,
History Note:    Authority G.S. 95-69.11; 95-69.16;                      Repair of Pressure-Retaining Items Without Complete Removal
Eff. May 29, 1981;                                                       of Defects.
Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006;                (f) Repairs of safety valves or safety relief valves shall be made
January 1, 1995; August 1, 1988.                                         by an individual or organization in possession of a valid
                                                                         certificate of authorization for use of the National Board "VR"
13 NCAC 13 .0401            DESIGN AND CONSTRUCTION                      symbol stamp.
STANDARDS
(a) The design, construction, installation, inspection, stamping,        History Note:    Authority G.S. 95-69.11; 95-69.13; 95-69.14;
and operation of all boilers and pressure vessels shall conform to       Eff. May 29, 1981;
the rules in this Chapter and the accepted design and                    Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006;
construction code.                                                       January 1, 1995; February 1, 1989; February 1, 1985; June 1,
(b) Repairs and alterations to boilers and pressure vessels shall        1982.
conform to the requirements of the National Board Inspection
Code.

13 NCAC 13 .0404            CONTROLS AND SAFETY DEVICES
Boilers and pressure vessels shall be equipped with all suitable controls and safety devices required for safe operation of the
equipment. Controls and safety devices shown in Table-0404 in this Rule are considered minimum requirements for the various types
of boilers and pressure vessels listed. All devices required in this Rule and shown in Table-0404 are suitable for the maximum
allowable operating pressure and temperature of the boiler or pressure vessel on which they are installed. The design, construction,
installation, and operational requirements for controls and safety devices are as required in Rules .0405 through .0420 of this Section.

TABLE-0404
     REQUIRED DEVICE AND                       HIGH           STEAM             HOT           HOT         WATER        PRESSURE
       REFERENCED RULE                       PRESSURE        HEATING           WATER         WATER        HEATER        VESSEL
                                              BOILER          BOILER          HEATING        SUPPLY
                                                                               BOILER        BOILER
   Pressure Relief Device .0405                   X                  X           X             X              X              X
   High Limit Control .0406                       X                  X           X             X              X
   Pressure Gauge .0407                           X                  X           X             X                             X
   Steam Syphon (steam boilers only)              X                  X
   .0407
   Water Column & Gauge Glass                     X                  X
   (steam boilers only) .0408
   Low-Water Fuel Cutoff (If input >              X                  X             X             X
   400,000 Btu) .0409
   Temperature Gauge .0410                                                         X             X            X
   Bottom Blowoff Valves .0411                    X                  X
   Drain Valves .0411                             X                  X             X             X            X              X
   Make-up Water Stop Valve(s) .0411              X                  X             X             X            X
   Expansion Tank .0412                                                            X             X            X
   Flame Failure Control .0420                    X                  X             X             X


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                                                       APPROVED RULES

History Note:     Authority G.S. 95-69.11; 95-69.14;
Eff. January 1, 1995;
Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006.

13 NCAC 13 .0406            HIGH PRESSURE OR                         independent remote level indicators may be used, in accordance
TEMPERATURE LIMIT CONTROL                                            with the ASME Code, in lieu of one of the gauges. Gauge
(a) Each automatically fired steam boiler or system of               glasses and remote level indicators must be visible to the
commonly connected steam boilers shall have at least one steam       operator while reading the pressure at the boiler.
pressure control that will shut off the fuel supply to each boiler   (b) Gauge glasses shall be mounted directly on the boiler or on a
or system of commonly connected boilers when the pressure            water column. Gauge glasses shall be mounted so that the
reaches a preset maximum operating pressure. In addition to the      lowest visible part of the gauge glass is above the lowest
required operating pressure control, each individual                 permissible water level by at least 2 inches for high pressure
automatically fired steam boiler shall have a high steam pressure    boilers and 1 inch for steam heating boilers. Gauge glasses may
limit control that will shut off the fuel supply to the boiler to    be installed with stop cocks or valves to allow for gauge glass
prevent pressure in excess of the maximum allowable working          replacement during boiler operation. The connections from the
pressure. The high limit control shall be equipped with a manual     boiler shall be not less than 3/4 inch NPS up to and including the
reset which shall prevent the boiler from being fired after the      isolation valves, and not less than 1/2 inch outside diameter
maximum pressure has been reached until the operator resets the      tubing from the isolation valve to the gauge glass.
switch manually. Steam boilers shall be provided with a              (c) Gauge glasses shall be provided with a drain valve or cock
syphon(s) or equivalent which will provide a water seal and          and discharge outlet at the bottom-most connection of not less
protect the pressure control(s) from being damaged by the steam.     than 1/4 inch diameter. The discharge outlet shall be piped to a
(b) Each automatically fired hot water heating boiler, hot water     safe location to prevent injury to the operator while blowing
supply boiler, water heater or each system of commonly               down the gauge glass.
connected hot water heating or supply boilers shall have at least    (d) Water columns, chambers which moderate fluctuations in
one temperature-actuated control to shut off the fuel supply         water elevations for determining the operating water level in a
when the system water reaches a preset operating temperature.        boiler, when used, shall be designed, constructed, and stamped
In addition to the required temperature control, each individual     as required by the ASME Code. The piping connections to the
automatically fired hot water heating boiler, hot water supply       boiler shall be not less than 1 inch NPS for high pressure boilers
boiler, and water heater shall have a high temperature limit         or 3/4 inch NPS for heating boilers. If the water column is
control that will prevent the water temperature from exceeding       connected to the boiler by pipe fittings, no shut off valves of any
the maximum allowable temperature for the respective                 type shall be placed in such pipe. A cross or equivalent fitting
equipment. The high limit control for the hot water heating          shall be placed at every right angle turn to facilitate cleaning.
boilers and hot water supply boilers that are either stamped with    Water columns shall have a drain valve and discharge outlet of
the ASME "H" symbol or are not constructed in accordance with        not less than 3/4 inch NPS.
the ASME Codes shall be equipped with a manual reset which
shall prevent the boiler from being fired after the maximum          History Note:     Authority G.S. 95-69.11; 95-69.14;
temperature has been reached until the operator resets the switch    Eff. January 1, 1995;
manually.                                                            Amended Eff. July 1, 2011; July 1, 2006.
(c) Automatic resets or remote resets by electronic means are
prohibited. The manual reset may be incorporated in the high         13 NCAC 13 .0409            AUTOMATIC LOW-WATER
limit control. Where the reset device is separate from the high      FUEL CUTOFF CONTROLS AND WATER-FEEDING
limit control, a means shall be provided to indicate actuation of    DEVICES
the high limit control. Each high limit and operating control        (a) Each automatically fired steam or vapor boiler, except
shall have its own sensing element and operating switch.             miniature boilers, shall meet the following criteria:
                                                                             (1)        Have at least two automatic low-water fuel
History Note:    Authority G.S. 95-69.11; 95-69.14;                                     cutoff devices;
Eff. May 29, 1981;                                                           (2)        One of the low-water fuel cutoff devices may
                                                                                        also be used to regulate the normal water level;
Recodified from 13 NCAC 13 .0407 Eff. January 1, 1995;                       (3)        Each cutoff device shall be installed to prevent
Amended Eff. July 1, 2011; July 1, 2006; January 1, 1995.                               startup and to shut down the boiler fuel or
                                                                                        energy supply automatically when the surface
13 NCAC 13 .0408           GAUGE GLASSES AND WATER                                      of the water falls to a level not lower than the
COLUMNS                                                                                 lowest visible part of the gauge glass;
(a) Steam boilers, except for forced flow steam boilers and                  (4)        One control shall be set to function ahead of
forced flow water boilers requiring forced circulation to prevent                       the other. The lower fuel cutoff device shall
overheating of the tubes, shall be provided with a visible gauge                        be equipped with a manual reset which shall
glass which will allow the operator to observe the water level of                       prevent the boiler from being fired after the
the boiler. Boilers with a maximum allowable working pressure                           low water limit has been reached until the
in excess of 400 psig shall have two gauge glasses. Two                                 operator resets the switch manually; and


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                                                         APPROVED RULES

         (5)       The low-water fuel cutoffs shall be attached        where the reduction in water level provides a self-limiting
                   directly to the boiler or to the water column       control on heat input, a low-water cutoff control is not required.
                   with no stops or valves. For float type low-        (e) Automatically fired boilers shall be provided with a system
                   water fuel cutoffs installed external to the        to automatically maintain a constant water level so that the water
                   boiler, each device shall be installed in           level cannot fall below the lowest safe water line.
                   individual chambers which shall be attached to      (f) Low water fuel cutoff devices embodying a float and float
                   the boiler by separate pipe connections below       bowl shall be installed so that the boiler feedwater or makeup
                   the waterline. If the low-water fuel cutoff is      water cannot be introduced through the float chamber.
                   connected to the boiler by pipe and fittings, no
                   shut off valves of any type shall be placed in      History Note:     Authority G.S. 95-69.14;
                   such pipe. A cross or equivalent fitting shall      Eff. January 1, 1982;
                   be placed at every right angle turn to facilitate   Recodified from 13 NCAC 13 .0416 Eff. January 1, 1995;
                   cleaning. Piping from the boiler shall be not       Amended Eff. July 1, 2011; January 1, 2009; July 1, 2006;
                   less than 1 inch NPS. Low-water fuel cutoff         January 1, 1995.
                   designs embodying a float and float bowl shall
                   have a vertical straightaway valved drain pipe      13 NCAC 13 .0410              TEMPERATURE
                   of not less than ¾ inch NPS at the lowest point     GAUGES/THERMOMETERS/TEMPERATURE
                   in the water-equalizing pipe connections by         SENSORS
                   which the bowl and the equalizing pipe can be       (a) Every high temperature water boiler, hot water heating
                   flushed and the device tested.                      boiler, hot water supply boiler or water heater shall be provided
(b) Each automatically fired hot water heating boiler with heat        with a temperature gauge, thermometer or temperature sensor
input greater than 400,000 Btu/hr (117 kW) shall meet the              with the display located and connected so that it is readable. The
following criteria:                                                    temperature gauge, thermometer or temperature sensor shall be
          (1)      Be protected by a low-water fuel cutoff             located so that it indicates the temperature of the water in the
                   intended for hot water service;                     boiler at or near the outlet at all times.
          (2)      The fuel cutoff device shall be installed to        (b) Temperature gauges and thermometers shall have a range of
                   prevent startup and to shut down the boiler         approximately two times the intended operating temperature.
                   fuel or energy supply automatically when the        The temperature gauge shall have a range of no less than one
                   surface of the water falls to a level not lower     and a half times and no more than four times the intended
                   than the lowest safe permissible water level        operating temperature.
                   established by the boiler manufacturer;             (c) Electronic temperature sensors may be used in lieu of
          (3)      The fuel cutoff device shall be equipped with a     temperature gauges and thermometers and shall meet the
                   manual reset which shall prevent the boiler         following requirements:
                   from being fired after the lowest water level                 (1)       The sensor shall be powered from the boiler
                   has been reached until the operator resets the                          power supply, have a backup power supply,
                   switch manually;                                                        and have a display that remains on at all times;
          (4)      The low-water fuel cutoff installed in a hot                  (2)       The full scale of the sensor and display shall
                   water heating boiler system may be installed                            be at least 250 degrees Fahrenheit, and shall be
                   anywhere in the system above the lowest safe                            accurate to within +/- one degree;
                   permissible water level established by the                    (3)       The sensor shall have a minimum operating
                   boiler manufacturer so long as there is no                              temperature range of 32 degrees Fahrenheit to
                   isolation valve installed between the device                            300 degrees Fahrenheit; and
                   and the boiler. Connections to the system                     (4)       The display shall have an ambient operating
                   shall be not less than 1 inch NPS; and                                  temperature range of 32 degrees Fahrenheit to
          (5)      A means shall be provided for testing the                               120 degrees Fahrenheit, unless otherwise
                   operation of the low-water fuel cutoff on a hot                         required by the application.
                   water heating boiler system without resorting
                   to draining the entire system.                      History Note:    Authority G.S. 95-69.11; 95-69.14;
(c) Coil type boilers or watertube boilers requiring forced            Eff. May 29, 1981;
circulation to prevent overheating of the coils or tubes may have      Amended Eff. January 1, 1982;
a flow-sensing device installed at or near the boiler proper, in       Recodified from 13 NCAC 13 .0411 Eff. January 1, 1995;
lieu of a low-water fuel cutoff, to automatically cut off the fuel     Amended Eff. July 1, 2011; July 1, 2006; January 1, 1995.
supply when the circulation of flow is interrupted. If there is a
definitive water line, a low-water fuel cutoff complying with the      13 NCAC 13 .0411           VALVES, DRAINS, AND
forgoing shall be provided in addition to the flow-sensing             BOTTOM BLOWOFFS
device.                                                                (a) High pressure boilers operating in excess of 100 psig must
(d) Electric boilers where uncovering of the electrical element        be provided with two stop valves for boiler blowoff and drain
can lead to an unsafe condition shall be equipped with a low-          outlets. Any boiler having a common steam connection with
water fuel cutoff device. In the case of electrode type boilers,       another boiler, and having a manhole opening, shall be provided


26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
                                                            211
                                                        APPROVED RULES

with two steam outlet stop valves with an ample free-blow drain       percent of the maximum allowable working pressure of the
or vent between the two stop valves. The discharge of this drain      boiler or pressure vessel.
shall be visible to the operator while operating the valve.           (i) A shutoff valve shall be provided in the makeup water line
(b) All boilers, except for coil-type water tube boilers, shall be    next to each boiler and shall meet the following specifications:
provided with a drain outlet and stop valve of not less than 3/4                (1)      Each steam heating boiler and hot water
inch NPS at the lowest water containing space, except that if the                        heating boiler shall be provided with a shutoff
boiler is provided with a blowoff outlet at the lowest water                             valve and a check valve. The shutoff valve
containing space, an additional drain outlet is not required.                            shall be installed either upstream or
(c) High pressure boilers shall be provided with a bottom                                downstream of the check valve;
blowoff outlet and valve of not less than 1 inch NPS nor more                   (2)      Each high pressure boiler, except for high
than 2 1/2 inches NPS, except as modified below:                                         temperature water boilers, shall be provided
          (1)       Miniature high pressure boilers shall have a                         with a shutoff valve and a check valve. The
                    blowoff outlet of not less than 3/4 inch NPS;                        shutoff valve shall be installed between the
          (2)       Electric high pressure boilers not greater than                      check valve and the boiler; and
                    200kW shall have a blowoff outlet of not less               (3)      When two or more high pressure boilers are
                    than 3/4 inch NPS;                                                   fed from a common source, there shall also be
          (3)       High pressure boilers having a heating surface                       a globe or regulating valve in the branch to
                    not greater than 100 square feet shall have a                        each boiler located between the check valve
                    blowoff outlet of not less than 3/4 inch NPS;                        and the source of the supply.
                    and                                               (j) Pressure vessels subject to corrosion shall be equipped with a
          (4)       All other high pressure boilers shall have a      drain valve installed at the lowest point of the pressure vessel or
                    blowoff outlet of not less than 1 inch NPS.       by installation of an internal drain pipe installed not more than
(d) Steam heating boilers shall be provided with a bottom             1/4 inch above the lowest internal surface.
blowoff outlet and valve of not less than 1 inch NPS nor more
than 2 1/2 inches NPS, except as modified below:                      History Note:     Authority G.S. 95-69.11; 95-69.14;
          (1)       Steam heating boilers having a minimum            Eff. January 1, 1995;
                    safety valve relieving capacity not exceeding     Amended Eff. July 1, 2011; July 1, 2006.
                    500 pounds of steam per hour shall have a
                    blowoff outlet of not less than 3/4 inch NPS;     13 NCAC 13 .0412             EXPANSION TANKS
          (2)       Steam heating boilers having a minimum            (a) Hot water heating systems shall allow for thermal expansion
                    safety valve relieving capacity greater than      and contraction of the piping to prevent excessive stress from
                    1205 pounds of steam per hour but not greater     being introduced into the pipe or connected equipment.
                    than 2500 pounds of steam per hour shall have     (b) When new equipment is installed and a backflow prevention
                    a blowoff outlet of not less than 1 1/4 inches    system is installed or already exists on a potable water supply
                    NPS;                                              line for a hot water supply boiler or water heater, expansion
          (3)       Steam heating boilers having a minimum            tanks shall be installed. For water heaters, backflow preventers
                    safety valve relieving capacity greater than      or check valves may be installed at the meter in water systems.
                    2500 pounds of steam per hour but not greater     (c) When expansion tanks are used they shall be constructed and
                    than 6000 pounds of steam per hour shall have     stamped in accordance with the requirements of this Chapter for
                    a blowoff outlet of not less than 1 1/2 inches    pressure vessels, unless exempted due to the vessel size or
                    NPS;                                              operating limits.
          (4)       Steam heating boilers having a minimum            (d) For a closed type system the expansion tank shall be not less
                    safety valve relieving capacity greater than      than that determined as follows:
                    6000 pounds of steam per hour shall have a                 Vt = [(0.00041T - 0.0466)Vs]/[(Pa/Pf) - (Pa/Po)]
                    blowoff outlet of not less than 2 inches NPS;                        where:
                    and                                                        Vt = minimum volume of tank(s), gal
          (5)       All other steam heating boilers shall have a               Vs = volume of system, not including tanks, gal
                    blowoff outlet of not less than 1 inch NPS.                T = average operating temperature, deg F
(e) All blowoff from boilers shall discharge into a blowdown                   Pa = atmospheric pressure, psi
tank suitable for separating steam and water or shall be piped to              Pf = fill pressure, psi
prevent injury. Discharge directly to a sewer is prohibited.                   Po = maximum operating pressure, psi.
(f) Valves for high pressure boilers shall be designed and
constructed in accordance with the requirements of ASME               History Note:    Authority G.S. 95-69.11; 95-69.14;
Section I, and shall be stamped or embossed with the                  Eff. May 29, 1981;
pressure/temperature rating of the valve.                             Recodified from 13 NCAC 13 .0410 Eff. January 1, 1995;
(g) Valves for heating boilers shall be suitable for the operating    Amended Eff. July 1, 2011; January 1, 2009; January 1, 1995.
pressure and temperature of the boiler.
(h) Pressure reducing valves shall be installed in the makeup
water line where inlet supply water pressure is more than 75


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                                                           212
                                                        APPROVED RULES

 TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
              NATURAL RESOURCES

15A NCAC 10C .0305 OPEN SEASONS: CREEL AND
SIZE LIMITS
(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and size limits are as
indicated in the following table:

                                  DAILY CREEL               MINIMUM
GAME FISHES                       LIMITS                    SIZE LIMITS               OPEN SEASON

Mountain Trout:
         Wild Trout               4                         7 in.                     ALL YEAR
         Waters                                                                       (exc. (3))
         Hatchery Sup-            7                         None                      All year, except
         ported Trout             (exc. (3))                (exc. (3))                March 1 to 7:00 a.m.
         Waters and                                                                   on first Saturday
         undesignated                                                                 in April
         waters                                                                       (exc. (3))
Muskellunge                       1                         42 in.                    ALL YEAR
Pickerel: Chain                   None                      None                      ALL YEAR
         and Redfin
Walleye                           8                         None                      ALL YEAR
                                  (exc. (9))                (exc. (9))
Sauger                            8                         15 in.                    ALL YEAR
Black Bass:
        Largemouth                5                         14 in.                    ALL YEAR
                                  (exc. (21))               (excs. (8),(10)&(21))     (exc. (17))
       Smallmouth                 5                         12 in.                    ALL YEAR
       and Spotted                (exc.(21))                (excs. (8),(10)&(21))
Roanoke and Rock Bass             None                      None                      ALL YEAR
                                  (exc. (24))               (exc. (24))
White Bass                        25                        None                      ALL YEAR
Sea Trout (Spotted                (exc. (19))               (exc. (19))               (exc. (19))
or Speckled)
Flounder                          (exc. (19))               (exc. (19))               (exc. (19))
Red drum (channel                 (exc. (19))               (exc. (19))               (exc. (19))
bass, red fish,
puppy drum)
Striped Bass                      8 aggregate               16 in.                    ALL YEAR
and their
hybrids                           (excs. (1),(2),(5),       (excs. (1),(2),(5),       (excs.(6),(13)&(15))
                                  (6),(11),&(13))           (6),(11),&(13))
(Morone Hybrids)
Shad: (American                   10 aggregate              None                      ALL YEAR
and hickory)                      (exc. (22))                                         (exc. (18))
Kokanee Salmon                    7                         None                      ALL YEAR
Crappie and                       None                      None                      ALL YEAR
sunfish                           (excs. (4),(12)&(16))     (exc. (12))               (exc. (4))

NONGAME FISHES                    None                      None                      ALL YEAR
                                  (excs. (14),(20),         (excs. (14),(20),         (excs.(7)&(25))
                                  (23)&(25))                (23)&(25))

(b) Exceptions                                                                      is two in the aggregate and the minimum size
        (1)      In the Dan River upstream from its confluence                      limit is 26 inches from October 1 through May
                 with Bannister River to the Brantly Steam                          31. From June 1 through September 30 the
                 Plant Dam and in John H. Kerr Reservoir the                        daily creel limit on striped bass and Morone
                 creel limit on striped bass and Morone hybrids


26:03                                           NORTH CAROLINA REGISTER                                         August 1, 2011
                                                         213
                                                    APPROVED RULES

              hybrids is four in aggregate with no minimum              Area, which includes the Roanoke, Cashie,
              size limit.                                               Middle and Eastmost rivers and their
        (2)   In the Cape Fear River upstream of Buckhorn               tributaries, the open season for taking and
              Dam and the Deep and Haw rivers to the first              possessing striped bass and their hybrids is
              impoundment and in B. Everett Jordan                      March 1 through April 30 from the joint-
              Reservoir the creel limit on striped bass and             coastal fishing waters boundary at Albemarle
              Morone hybrids is four in the aggregate and               Sound upstream to Roanoke Rapids Lake dam.
              the minimum size limit is 20 inches. In Lake              During the open season the daily creel limit for
              Gaston and Roanoke Rapids Reservoir the                   striped bass and their hybrids is two fish in
              creel limit on striped bass and Morone hybrids            aggregate, the minimum size limit is 18
              is four in aggregate with a minimum size limit            inches. No fish between 22 inches and 27
              of 20 inches from October 1 through May 31                inches in length shall be retained in the daily
              and no minimum size limit from June 1                     creel limit. Only one fish larger than 27 inches
              through September 30. In Lake Norman the                  may be retained in the daily creel limit.
              creel limit on striped bass and Morone hybrids      (7)   See 15A NCAC 10C .0407 for open seasons
              is four in aggregate with a minimum size limit            for taking nongame fishes by special devices.
              of 16 inches from October 1 through May 31          (8)   The maximum combined number of black bass
              and no minimum size limit from June 1                     of all species that may be retained per day is
              through September 30.                                     five fish, no more than two of which may be
        (3)   In designated public mountain trout waters the            smaller than the applicable minimum size
              season for taking all species of fish is the same         limit. The minimum size limit for all species
              as the trout fishing season. There is no closed           of black bass is 14 inches, with no exception in
              season on taking trout from Linville River                Lake Luke Marion in Moore County, Reedy
              within Linville Gorge Wilderness Area                     Creek Park lakes in Mecklenburg County,
              (including tributaries), Catawba River from               Lake Rim in Cumberland County, Lake
              Muddy Creek to the City of Morganton water                Raleigh in Wake County, Randleman
              intake dam, and the impounded waters of                   Reservoir in Randolph and Guilford counties,
              power reservoirs and municipally-owned water              Roanoke River downstream of Roanoke
              supply reservoirs open to the public for                  Rapids Dam, Tar River downstream of Tar
              fishing.                                                  River Reservoir Dam, Neuse River
        (4)   On Mattamuskeet Lake, special federal                     downstream of Falls Lake Dam, Haw River
              regulations apply.                                        downstream of Jordan Lake Dam, Deep River
        (5)   In the inland fishing waters of Neuse, Pungo              downstream of Lockville Dam, Cape Fear
              and Tar Pamlico rivers and their tributaries              River, Waccamaw River downstream of Lake
              extending upstream to the first impoundment               Waccamaw Dam, the entire Lumber River
              of the main course on the river or its                    including Drowning Creek, in all their
              tributaries, and in all other inland fishing              tributaries, and in all other public fishing
              waters east of Interstate 95, subject to the              waters east of Interstate 95 (except Tar River
              exceptions listed in this Paragraph, the daily            Reservoir in Nash County), South Yadkin
              creel limit for striped bass and their hybrids is         River downstream of Cooleemee Dam,
              two fish in aggregate. The minimum length                 Yadkin-Pee Dee River from Idols Dam to the
              limit is 18 inches and no striped bass or striped         South Carolina State line including High Rock
              bass hybrids between the lengths of 22 inches             Lake, Tuckertown Lake, Badin Lake, Falls
              and 27 inches may be possessed. In these                  Lake, Lake Tillery and Blewett Falls Lake. In
              waters, the season for taking and possessing              and west of Madison, Buncombe, Henderson
              striped bass is closed from May 1 through                 and Polk Counties and in designated public
              September 30. In the inland fishing waters of             mountain trout waters the minimum size limit
              the Cape Fear River and its tributaries, the              is 12 inches. In Cane Creek Lake in Union
              season for taking and possessing striped bass             County, and Buckhorn Reservoir in Wilson
              is closed year-round. In the Pee Dee River and            and Nash counties the minimum size limit for
              its tributaries from the South Carolina line              largemouth bass is 16 inches, with no
              upstream to Blewett Falls Dam, the season for             exception. In Lake Phelps and Shearon Harris
              taking and possessing striped bass and their              Reservoir no black bass between 16 and 20
              hybrids is open year-round, the daily creel               inches shall be possessed. In Lake Norman
              limit is three fish in aggregate and the                  the minimum size limit for black bass is 14
              minimum length limit is 18 inches.                        inches.
        (6)   In the inland and joint fishing waters [as          (9)   A minimum size limit of 15 inches applies to
              identified in 15A NCAC 10C .0107(1)(e)] of                walleye taken from Lake James and its
              the Roanoke River Striped Bass Management                 tributaries, and the daily creel limit for walleye


26:03                                         NORTH CAROLINA REGISTER                                   August 1, 2011
                                                       214
                                                      APPROVED RULES

               is four fish in Linville River upstream from the     (15)   The Executive Director may, by proclamation,
               NC 126 bridge above Lake James.                             suspend or extend the hook-and-line season for
        (10)   The minimum size limit for all black bass,                  striped bass in the inland and joint waters of
               with no exception, is 18 inches in Lake Thom-               coastal rivers and their tributaries. It is
               A-Lex in Davidson County.                                   unlawful to violate the provisions of any
        (11)   In all impounded inland waters and their                    proclamation issued under this authority.
               tributaries, except those waters described in        (16)   In Roanoke River downstream of Roanoke
               Exceptions (1) and (4), the daily creel limit of            Rapids Dam, Tar River downstream of Tar
               striped bass and their hybrids may include not              River Reservoir Dam, Neuse River
               more than two fish of smaller size than the                 downstream of Falls Lake Dam, Haw River
               minimum size limit.                                         downstream of Jordan Lake Dam, Deep River
        (12)   A daily creel limit of 20 fish and a minimum                downstream of Lockville Dam, Cape Fear
               size limit of 10 inches apply to crappie in B.              River, Waccamaw River downstream of Lake
               Everett Jordan Reservoir and in the Roanoke                 Waccamaw Dam, the entire Lumber River
               River and its tributaries downstream of                     including Drowning Creek, in all their
               Roanoke Rapids dam and in the Cashie,                       tributaries, and in all other public fishing
               Middle, and Eastmost rivers and their                       waters east of Interstate 95, except Tar River
               tributaries. A daily creel limit of 20 fish and a           Reservoir in Nash County, the daily creel limit
               minimum size limit of eight inches apply to                 for sunfish is 30 in aggregate, no more than 12
               crappie in the following waters: all public                 of which shall be redbreast sunfish.
               waters west of Interstate 77, South Yadkin           (17)   In Sutton Lake, no largemouth bass shall be
               River downstream of Cooleemee Dam,                          possessed from December 1 through March
               Yadkin-Pee Dee River from Idols Dam to the                  31.
               South Carolina State line including High Rock        (18)   The season for taking American and hickory
               Lake, Tuckertown Lake, Badin Lake, Falls                    shad with bow nets is March 1 through April
               Lake, Lake Tillery, and Blewett Falls Lake,                 30.
               Lake Norman, Lake Hyco, Lake Ramseur,                (19)   In inland fishing waters, sea trout (spotted or
               Cane Creek Lake, Tar River downstream of                    speckled), flounder, and red drum recreational
               Tar River Reservoir Dam, Neuse River                        seasons, size limits and creel limits are the
               downstream of Falls Lake Dam, Haw River                     same as those established by Marine Fisheries
               downstream of Jordan Lake Dam, Deep River                   Commission rule or proclamations issued by
               downstream of Lockville Dam, Cape Fear                      the Fisheries Director in adjacent joint or
               River, Waccamaw River downstream of Lake                    coastal fishing waters.
               Waccamaw Dam, the entire Lumber River                (20)   No person shall take or possess herring
               including Drowning Creek, in all their                      (alewife and blueback) that are greater than six
               tributaries, and in all other public fishing                inches in length from the inland fishing waters
               waters east of Interstate 95, except Tar River              of coastal rivers and their tributaries including
               Reservoir in Nash County, Sutton Lake in                    Roanoke River downstream of Roanoke
               New Hanover County, and Roanoke River and                   Rapids Dam, Tar River downstream of Rocky
               tributaries below Roanoke Rapids dam, as                    Mount Mill Dam, Neuse River downstream of
               listed above. In Buckhorn Reservoir in Wilson               Milburnie Dam, Cape Fear River downstream
               and Nash counties a daily creel limit of 20 fish            of Buckhorn Dam, Pee Dee River downstream
               applies to crappie.                                         of Blewett Falls Dam, the entire Lumber River
        (13)   In designated inland fishing waters of Roanoke              including Drowning Creek, in all their
               Sound, Croatan Sound, Albemarle Sound,                      tributaries, and in all other inland fishing
               Chowan River, Currituck Sound, Alligator                    waters east of Interstate 95.
               River, Scuppernong River, and their tributaries      (21)   In the Alleghany County portion of New River
               (excluding the Roanoke River and Cashie                     downstream of Fields Dam (Grayson County,
               River and their tributaries), striped bass fishing          Virginia) no black bass between 14 and 20
               season, size limits and creel limits are the                inches in length shall be possessed and only
               same as those established by rules or                       one black bass greater than 20 inches may be
               proclamations of the Marine Fisheries                       possessed in the daily creel limit.           No
               Commission in adjacent joint or coastal fishing             minimum size limit applies to black bass less
               waters.                                                     than 14 inches in length in this section of New
        (14)   Size and creel limits on regulated areas,                   River.
               including Community Fishing Areas, Public            (22)   In the inland waters of Roanoke River and its
               Fishing Areas, and other cooperatively                      tributaries, the daily creel limit for American
               managed public waters shall be posted at each               and hickory shad is 10 in aggregate, only one
               area, as specified in 15A NCAC 10E .0103.                   of which may be an American shad. In


26:03                                          NORTH CAROLINA REGISTER                                    August 1, 2011
                                                        215
                                                         APPROVED RULES

                  Roanoke Rapids Reservoir, Lake Gaston and                               person per day or to exceed 100 crabs per
                  John H. Kerr Reservoir, no American shad                                vessel per day.
                  may be possessed.                                              (2)      No person shall take or possess herring
         (23)     In Lake Norman and Badin Lake the daily                                 (alewife and blueback) that are greater than six
                  creel limit for blue catfish greater than 32                            inches in length from the inland fishing waters
                  inches in length is one fish.                                           of coastal rivers and their tributaries including
         (24)     In all public fishing waters east of Interstate                         Roanoke River downstream of Roanoke
                  77, the minimum length for Roanoke and rock                             Rapids Dam, Tar River downstream of Rocky
                  bass is 8 inches and the daily creel limit is two                       Mount Mill Dam, Neuse River downstream of
                  fish in aggregate.                                                      Milburnie Dam, Cape Fear River downstream
         (25)     In inland fishing waters, gray trout (weakfish)                         of Buckhorn Dam, Pee Dee River downstream
                  recreational seasons, size limits and creel                             of Blewett Falls Dam, the entire Lumber River
                  limits are the same as those established by                             including Drowning Creek, and in all other
                  Marine Fisheries Commission rule or                                     inland fishing waters east of Interstate 95.
                  proclamations issued by the Fisheries Director                 (3)      Grass carp shall not be taken or possessed on
                  in adjacent joint or coastal fishing waters.                            Lake James, Lookout Shoals Lake, Lake
                                                                                          Norman, Mountain Island Reservoir and Lake
History Note:     Authority G.S. 113-134; 113-292; 113-304;                               Wylie, except that one fish per day may be
113-305;                                                                                  taken by bow and arrow.
Eff. February 1, 1976;                                                           (4)      No trotlines or set-hooks shall be used in the
Temporary Amendment Eff. May 10, 1990, for a period of 180                                impounded waters located on the Sandhills
days to expire on November 1, 1990;                                                       Game Land or in designated public mountain
Temporary Amendment Eff. May 22, 1990, for a period of 168                                trout waters.
days to expire on November 1, 1990;                                              (5)      In Lake Waccamaw, trotlines or set-hooks
Temporary Amendment Eff. May 1, 1991, for a period of 180                                 may be used only from October 1 through
days to expire on November 1, 1991;                                                       April 30.
Amended Eff. July 1, 1994; July 1, 1993; October 1, 1992;                        (6)      In inland fishing waters, gray trout (weakfish)
Temporary Amendment Eff. December 1, 1994 for a period of                                 recreational seasons, size limits and creel
180 days or until the permanent rule becomes effective,                                   limits are the same as those established by
whichever is sooner;                                                                      Marine Fisheries Commission rule or
Amended Eff. July 1, 1998; July 1, 1997; July 1, 1996; July 1,                            proclamations issued by the Fisheries Director
1995;                                                                                     in adjacent joint or coastal fishing waters.
Temporary Amendment Eff. November 1, 1998;                             (b) The season for taking nongame fishes by other hook and line
Amended Eff. April 1, 1999;                                            methods in designated public mountain trout waters is the same
Temporary Amendment Eff. July 1, 1999;                                 as the trout fishing season.
Amended Eff. July 1, 2000;                                             (c) Nongame fishes, except alewife and blueback herring,
Temporary Amendment Eff. July 1, 2001;                                 excluding those less than six inches in length collected from
Temporary Amendment Eff. March 8, 2002 [This rule replaces             Kerr Reservoir (Granville, Vance, and Warren counties), blue
the rule proposed for permanent amendment effective July 1,            crab, and bowfin, taken by hook and line, grabbling or by
2002 and approved by RRC in May 2001];                                 licensed special devices may be sold. Eels less than six inches in
Amended Eff. August 1, 2002 (approved by RRC in April 2002);           length may not be taken from inland waters for any purpose.
Temporary Amendment Eff. June 1, 2003;                                 (d) Freshwater mussels, including the Asiatic clam (Corbicula
Amended Eff. June 1, 2004 (this amendment replaces the                 fluminea), may only be taken from impounded waters, except
amendment approved by RRC on July 17, 2003);                           mussels shall not be taken in Lake Waccamaw and in University
Amended Eff. August 1, 2011; August 1, 2010; May 1, 2009;              Lake in Orange County. It is unlawful to possess more than 200
July 1, 2008; May 1, 2008; May 1, 2007; May 1, 2006; June 1,           freshwater mussels.
2005.                                                                  (e) Size and creel limits as set in this Rule on regulated areas,
                                                                       including Community Fishing Areas, Public Fishing Areas, and
15A NCAC 10C .0401 MANNER OF TAKING                                    other cooperatively managed public waters shall be posted at
NONGAME FISHES: PURCHASE AND SALE                                      each area, as specified in 15A NCAC 10E .0103.
(a) Except as permitted by the rules in this Section, it is            (f) In Lake Norman and Badin Lake, the daily creel limit for
unlawful to take nongame fishes from the inland fishing waters         blue catfish greater than 32 inches is one fish.
of North Carolina in any manner other than with hook and line
or grabbling. Nongame fishes may be taken by hook and line or          History Note:     Authority G.S. 113-134; 113-272; 113-292;
grabbling at any time without restriction as to size limits or creel   Eff. February 1, 1976;
limits, with the following exceptions:                                 Amended Eff. July 1, 1994; July 1, 1993; May 1, 1992;
         (1)       Blue crabs shall have a minimum carapace            Temporary Amendment Eff. December 1, 1994;
                   width of five inches (point to point) and it is     Amended Eff. July 1, 1998; July 1, 1996; July 1, 1995;
                   unlawful to possess more than 50 crabs per          Temporary Amendment Eff. July 1, 1999;


26:03                                              NORTH CAROLINA REGISTER                                               August 1, 2011
                                                            216
                                                         APPROVED RULES

Amended Eff. July 1, 2000;                                             (b) At such time as the authority of the Board to expend funds is
Temporary Amendment Eff. July 1, 2002; July 1, 2001;                   restored, the fees deposited in the escrow account shall be
Amended Eff. August 1, 2002 (approved by RRC on 06/21/01               transferred to the Board's general account.
and 04/18/02);
Temporary Amendment Eff. June 1, 2003;                                 History Note:      Authority G.S. 90-142; 93B-2;
Amended Eff. May 1, 2004 (this amendment replaces the                  Eff. July 1, 2011.
amendment approved by RRC on July 17, 2003);
Amended Eff. August 1, 2011; August 1, 2010; May 1, 2009;              21 NCAC 10 .0205            RENEWAL OF LICENSE
May 1, 2008; May 1, 2007; May 1, 2006; June 1, 2005.                   (a) General. The renewal, cancellation and restoration of a
                                                                       license are governed by G.S. 90-155.
15A NCAC 10F .0376            TOWN OF EMERALD ISLE                     (b) Renewal Application Form. Annual application for renewal
(a) Regulated Area. This Rule applies to waters within the             of license shall be made on a form furnished by the Board. Any
territorial jurisdiction of the Town of Emerald Isle, as described     changes in a licentiate's name, address, professional specialty or
in Paragraph (c) of this Rule.                                         employment, and history of criminal convictions shall be noted
(b) Speed Limit. No person shall operate any motorboat or              on the Renewal Application Form.
vessel at greater than no-wake speed within any of the regulated       (c) Continuing Education. The licentiate shall state on the
area described in Paragraph (c) of this Rule.                          Renewal Application Form the name, date, sponsor and duration
(c) Affected Areas are:                                                of all Board-approved educational sessions attended during the
          (1)       the entire length of the Bogue Sound Drive         preceding year. As used in G.S. 90-155, one "day" of continuing
                    Channel, which is .6 miles in length, located      education shall be defined as 12 hours. Attendance shall be
                    adjacent and roughly parallel to the shoreline     corroborated by written certification from the sponsoring body.
                    in the vicinity of Kelly Lane and Bogue Sound      Any licentiate seeking a hardship waiver of the continuing
                    Drive;                                             education requirement shall make application on a separate form
          (2)       the waters of the Coast Guard Channel at a         provided by the secretary upon request.
                    point extending from the north entrance of the     (d) Renewal Fee. A renewal fee in the maximum amount
                    channel behind 419 Channel Drive to the west       allowed by statute shall be paid by each licentiate applying for
                    entrance of the channel near 116 Bogue Court;      renewal.
                    and                                                (e) Restoration of Cancelled License: Evidence of Proficiency.
          (3)       the waters of Bogue Sound adjacent to Archer       In order to provide evidence of proper proficiency, any former
                    Point south of and including that portion of the   licentiate whose license has been cancelled due to non-
                    Emerald Isle channel, bounded on the west          compliance with G.S. 90-155 must be re-examined and must pay
                    side by a line running north from 34.67569 N,      the application fee prescribed in 21 NCAC 10 .0202(d) to cover
                    77.01537 W to the far side of the channel, and     the cost of re-examination. Payment of the application fee does
                    on the east side by a line running northeast       not constitute payment of the statutory reinstatement fee.
                    from 34.67519 N, 77.01279 W to the far side        (f) Military hardship. A licentiate who is serving in the armed
                    of the channel.                                    forces of the United States and to whom G.S. 93B-15(a) grants
(d) Placement and Maintenance of Markers. The Town of                  an extension of time to pay a renewal fee shall also be granted an
Emerald Isle is designated a suitable agency for placement and         identical extension of time to complete the continuing education
maintenance of the markers or signs implementing this Rule.            required for license renewal.

History Note:     Authority G.S. 75A-3; 75A-15;                        History Note:     Authority G.S. 90-155; 90-142; 93B-15;
Eff. September 1, 2008;                                                Eff. February 1, 1976;
Amended Eff. August 1, 2011; April 1, 2009.                            Readopted Eff. January 27, 1978;
                                                                       Amended Eff. January 1, 1983; October 17, 1980;
                                                                       Legislative Objection Lodged Eff. January 31, 1983;
TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND                           Curative Amended Eff. February 18, 1983;
                 COMMISSIONS                                           Amended Eff. July 1, 2011; January 4, 1993; December 1, 1988.

        CHAPTER 10 - BOARD OF CHIROPRACTIC                             21 NCAC 10 .0212            MEDICAL COLLEGE
                     EXAMINERS                                         TRANSFER CREDITS
                                                                       (a) Purpose of Rule. An increasing number of students who
21 NCAC 10 .0105          ESCROW ACCOUNT                               initially enrolled in medical colleges are transferring to
(a) The Board shall maintain an escrow account at a federally          chiropractic colleges. The standard curricula for the first two
insured bank for the temporary deposit of any fees received by         years of medical and chiropractic colleges are similar. The
the Board during a period in which the Board's authority to            Board of Chiropractic Examiners believes that it is in the public
expend funds is suspended by operation of law.                         interest to allow applicants for chiropractic licensure in this State
                                                                       to receive credit for hours earned while attending medical
                                                                       college, as such a policy promotes the efficient use of classroom



26:03                                              NORTH CAROLINA REGISTER                                                August 1, 2011
                                                            217
                                                       APPROVED RULES

resources, reduces wasteful duplication and lowers the cost of      21 NCAC 18B .0106          JOINT RESOLUTION AND
obtaining a chiropractic degree.                                    AGREEMENTS
(b) Declaration of Equivalency. To the extent the curricula of
the institutions overlap, the Board deems a medical college         History Note:     Authority G.S. 87-39; 87-42;
approved by the Liaison Commission on Medical Education or          Eff. October 1, 1988;
the Committee for the Accreditation of Canadian Medical             Repealed Eff. July 1, 2011.
Schools or an osteopathic college approved by the American
Osteopathic Association to be the equivalent of a chiropractic      21 NCAC 18B .0204            EXAMINATIONS
college accredited by the Council on Chiropractic Education.        (a) All qualifying examinations administered by the Board for
(c) Counting Transfer Credits. For purposes of North Carolina       each license classification shall be written or computer-based
licensure, the Board shall count any and all hours earned by an     examinations and must be taken personally by the applicant after
applicant at an approved medical college that have been             the applicant has met the requirement for examination contained
accepted as transfer credits by the applicant's chiropractic        in the rules in this Subchapter.
college.                                                            (b) Upon approval of an application pursuant to these Rules, the
                                                                    Board shall provide the applicant a notice of examination
History Note:      Authority G.S. 90-142; 90-143;                   eligibility that is valid for a period of three months and for a
Eff. July 1, 2011.                                                  single administration of the qualifying examination. Upon
                                                                    receipt of a notice of examination eligibility from the Board, the
              ********************                                  applicant shall schedule the examination by contacting the Board
                                                                    or the authorized testing service. The applicant shall be
        CHAPTER 18 - BOARD OF EXAMINERS FOR                         scheduled for the examination, by the Board and the Board or
            ELECTRICAL CONTRACTORS                                  authorized testing service will confirm the date, time and place.
                                                                    (c) A minimum grade of 75 out of a possible score of 100 is
21 NCAC 18B .0102          REFERENCE TO STATE                       required in order to pass any qualifying examination
BUILDING AND ELEVATOR CODES                                         administered by the Board.
(a) Pursuant to G.S. 150B-21.6, the North Carolina State
Building Code, Volume IV Electrical, and the National               History Note:     Authority GS 87-42; 87-43.3; 87-43.4; 93B-8;
Electrical Code, NFPA 70, are incorporated by reference.            Eff. October 31, 1988;
Whenever a reference is made in this Subchapter to one of these     Temporary Amendment Eff. August 31, 2001;
codes, it means the current edition and any amendments thereto.     Amended Eff. July 1, 2011; January 1, 2006; July 18, 2002.
The term "National Electrical Code" when used in these Rules
includes both codes incorporated in this Paragraph.                 21 NCAC 18B .0205          MINIMUM PASSING GRADE
(b) Pursuant to G.S. 150B-21.6, the North Carolina codes and        21 NCAC 18B .0206          REGULAR EXAMINATIONS
standards for elevators, dumbwaiters, escalators, moving walks      21 NCAC 18B .0207          APPLICATION FOR REGULAR
and personnel hoists, administered by the North Carolina            EXAMINATIONS
Department of Labor and codified as 13 NCAC 15 .0200, are           21 NCAC 18B .0208          SPECIALLY ARRANGED
incorporated by reference. Whenever a reference is made in this     EXAMINATIONS
Subchapter to these codes and standards, it means the current
edition and amendments thereto.                                     History Note:     Authority G.S. 87-42; 87-43.3; 87-43.4; 87-
                                                                    44;
History Note:     Authority G.S. 87-39; 87-42; 143-138;             Eff. October 1, 1988;
Eff. October 1, 1988;                                               Amended Eff. August 1, 1999 (Rule .0208); February 1, 1996
Amended Eff. July 1, 2011.                                          (Rule .0207); April 1, 1993 (Rule .0206); February 1, 1990
                                                                    (Rule .0208);
21 NCAC 18B .0103           ANNUAL REPORTS                          Temporary Amendment Eff. August 31, 2001;
Annual Reports. The Board shall make timely filing of all           Repealed Eff. July 1, 2011.
reports required by G.S. 93B-2. In case of the untimely filing of
a report, then pursuant to G.S. 93B-2(d), the Board shall hold in   21 NCAC 18B .0209            FEES
escrow any fees tendered between the filing deadline and the        (a) The examination fee for qualifying examinations is ninety
filing date. Issuance of licenses, renewals and application         dollars ($90.00) for all classifications.
processing shall continue during any interval created by the        (b) The fee for review of a failed examination is twenty-five
untimely filing of a report required by G.S. 93B-2.                 dollars ($25.00). All reviews are supervised by the Board or
                                                                    staff.
History Note:     Authority G.S. 87-39; 87-40; 87-42; 93B-2;        (c) The examination fees for examinations in all classifications
Eff. October 1, 1988;                                               and the fees for examination reviews may be in the form of cash,
Amended Eff. July 1, 2011; February 1, 1996; February 1, 1990.      check, money order, Visa or Mastercard made payable to the
                                                                    Board and must accompany the respective applications when
                                                                    filed with the Board.



26:03                                            NORTH CAROLINA REGISTER                                             August 1, 2011
                                                          218
                                                         APPROVED RULES

(d) Examination fees received with applications filed for                       74-65                               3 months
qualifying examinations shall be retained by the Board unless:                  64 and below                        6 months
          (1)      an application is not filed as prescribed in Rule
                   .0210 of this Section, in which case the            (b) A person who fails an examination in the same license
                   examination fee and application shall be            classification three times must satisfactorily complete a
                   returned; or                                        minimum of 16 hours classroom education on the electrical code
          (2)      the applicant does not take the examination         provided by a board-approved continuing education sponsor
                   during the period for which application was         before retaking the examination.
                   made, files a written request for a refund,         (c) A person shall be considered a new applicant each time he
                   setting out extenuating circumstance, and the       applies to take an examination and must file an application on
                   Board finds extenuating circumstances.              the standard application form and pay the required examination
(e) Examination review fees are non-refundable unless the              fee.
applicant does not take the review, files a written request for a
refund, setting out extenuating circumstance, and the Board            History Note:     Authority G.S. 87-42; 87-43.3; 87-43.4;
finds extenuating circumstances.                                       Eff. October 1, 1988;
(f) Any fee retained by the Board shall not be creditable toward       Amended Eff. July 1, 2011; January 1, 2006.
any future examination fee or examination review.
(g) Extenuating circumstances for the purposes of Paragraphs           21 NCAC 18B .0402           LICENSE NAME
(d)(2) and (e) of this Rule are the applicant's illness, bodily        REQUIREMENTS
injury or death, or death of the applicant's spouse, child, parent     (a) Issuance of License. The name in which a license is issued
or sibling, or a breakdown of the applicant's transportation to the    must be distinguishable upon the records of the Board from the
designated site of the examination or examination review.              name in which a license has already been issued. If the name
                                                                       requested, after deleting all spaces, punctuation marks, articles,
History Note:     Authority G.S. 87-42; 87-43.3; 87-43.4; 87-          prepositions, conjunctions and, whether abbreviated or not,
44;                                                                    "corporation," "incorporated," "company," or "limited," is not
Eff. October 1, 1988;                                                  identical to the name in which a license has already been issued,
Amended Eff. May 1, 1998; July 1, 1989;                                it shall be distinguishable. The substitution of a numeral for a
Temporary Amendment Eff. June 30, 2000;                                word that represents the same numeral shall not make the name
Temporary Amendment Eff. August 31, 2001;                              distinguishable.
Amended Eff. July 1, 2011; January 1, 2008; December 4, 2002.          (b) Name In Which Business Must Be Conducted. All electrical
                                                                       contracting business, including all business advertising and the
21 NCAC 18B .0210            APPLICATIONS DULY FILED                   submission of all documents and papers, conducted in the state
Examinations applications are considered as duly filed when the        of North Carolina by a licensee of the Board shall be conducted
applicant has filed an application with the Board, on a form           in the exact name in which the electrical contracting license is
provided by the Board, together with the examination fee as            issued.
prescribed in Rule .0209 of this Section and information               (c) Notification of Address, Telephone Change and email
sufficient to meet the minimum examination requirements                address. All licensees shall notify the Board in writing within 30
applicable to the classification involved.           By filing an      days of any change in location, mailing address, telephone
application with the Board, an applicant authorizes the Board or       number or email address.
the Board's staff to verify, in any manner the Board or staff
deems necessary and appropriate, the information submitted on          History Note:     Authority G.S. 87-42;
or in support of the application. The Board or staff shall             Eff. October 1, 1988;
determine whether applications are duly filed, process all             Amended Eff. July 1, 2011; March 1, 1999; February 1, 1996.
applications, and return all applications not duly filed.
                                                                       21 NCAC 18B .0601  LICENSES EXPIRING AND
History Note:     Authority G.S. 87-42; 87-43.3; 87-43.4; 87-          INDIVIDUALS QUALIFIED/JULY 1, 1970
44;                                                                    21 NCAC 18B .0602  QUALIFIED INDIVIDUALS
Eff. October 1, 1988;                                                  LISTED PRIOR TO JULY 1, 1970
Temporary A