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JAN 10 V9S0

NORTH CAROLINA REGISTER

IN THIS ISSUE

'«--.•. EXECUTIVE ORDER

PROPOSED RULES

Agriculture A Economic and Community Development Health, and 'U Environment, Natural Resources W"

State Personnel

ISSUE DATE: JANUARY 2, 1990

Volume 4 • Issue 19 • Pages 892-929 INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE

NORTH CAROLINA REGISTER effect for the period specified in the rule or 180 days, The North Carolina Register is published bi-monthly whichever is less. An agency adopting a temporary rule and contains information relating to agency, executive, must begin normal rule-making procedures on the per- legislative and judicial actions required by or affecting manent rule at the same time the temporary rule is Chapter 150B of the General Statutes. All proposed, ad- adopted. ministrative rules and amendments filed under Chapter 150B must be published in the Register. The Register NORTH CAROLINA ADMINISTRATIVE CODE will typically comprise approximately fifty pages per The North Carolina Administrative Code (NCAC) is issue of legal text. a compilation and index of the administrati\'e rules of State law requires that a of each issue be pro- copy 25 state agencies and 38 occupational licensing boards. \ided free of charge to each county in the state and to The NCAC comprises approximately 15,000 letter size \arious state officials and institutions. The North CaroHna single spaced pages of material of which approximate- Register is available by yearly subscription at a cost of ly 35% is changed annuallv. Compilation and publica- one hundred and five dollars ($105.00) for 24 issues. tion of the NCAC is mandated by G.S. 150B-63(b). Requests for subscriptions to the Nortli Carolina The Code is divided into Titles and Chapters. Each Register should be directed to the Office of Ad- state agency is assigned a separate title which is fur- ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. ther broken do\vn by chapters. Title 21 is designated C. Attn: Subscriptions. 27604, for occupational licensing boards. ADOPTION, AMENDMENT, AND REPEAL OF The NCAC is available in two formats. RULES (1) Single pages may be obtained at a minimum cost of two dollars and 50 cents ($2.50) for 10 An agency intending to adopt, amend, or repeal a rule pages or less, plus fifteen cents ($0.15) per each must first publish notice of the proposed action in the additional page.

North Caroli)ia Register. The notice must include the (2) The full publication consists of 52 volumes, time and place of the public hearing; a statement of how totaling in excess of 15,000 pages. It is sup- public comments may be submitted to the agency either plemented monthly with replacement pages. A at the hearing or otherwise; the text of the proposed one year subscription to the full publication in- rule or amendment; a I'eference to the Statutory cluding supplements can be purchased for Authority for the action and the proposed effecti\e date. seven hundred and fifty dollars ($750.00). In- The Director of the Office of Administrative Hearings dividual volumes may also be purchased with has authority to publish a summary, rather than the supplement service. Renewal subscriptions for full text, of any amendment which is considered to be supplements to the initial publication available too lengthy. In such case, the full text of the rule con- Requests for pages of rules or volumes of the NCAC taining the proposed amendment will be available for should be directed to the Office of Administrative public inspection at the Rules Di\'ision of the Office of Hearings. Administrati\e Hearings and at the office of the pro- NOTE mulgating agency. Unless a specific statute pro\ides otherwise, at least The foregoing is a generalized statement of the pro- 30 days must elapse following publication of the procedures to be followed. For specific statutory language, posal in the North Carolina Registerheiore the agency it is suggested that Articles 2 and 5 of Chapter 150B of ma>' conduct the required public hearing and take ac- the General Statutes be examined carefully. tion on the proposed adoption, amendment or repeal. When final action is taken, the promulgating agency CITATION TO THE NORTH CAROLINA must file any adopted or amended rule for appro\al by REGISTER the Administratixe Rules Review Commission. Upon ap- The North Carolina Register is cited bv \olume. issue pro\al of ARRC, the adopted or amended rule must be page number and date. 1:1 NCR 101-201, April 1, 1986 filed with the Office of Administrative Hearings. If it refers to Volume 1, Issue 1, pages 101 through 201 ol differs substantially from the proposed form published the North Carolina Register issued on April 1, 1986 as part of the public notice, upon request by the agency, the adopted \ersion will again be published in the North Carolina Register. North Carolina Register. Published bi-monthly by A rule, or amended rule cannot become effecti\e the Office of Administrative Hearings, P.O. Drawer earlier than the first day of the second calendar month 11666, Raleigh, North Carolina 27604, pursuant to after the adoption is filed with the Office of Ad- Chapter 150B of the General Statutes. Subscriptions ministrative Hearings for publication in the NCAC. one hundred and five dollars ($105.00) per year. Proposed action on rules may be withdrawn b>' the North Carolina Administrative Code. Published promulgating agency at any time before final action is in looseleaf notebooks with supplement senice by taken b\' the agency. the Office of Administrative Hearings, P.O.

Drawer 1 1666, Raleigh, North Carolina 27604, pur- TEMPORARY RULES suant to Chapter 150B of the General Satutes. Under certain conditions of an emergency nature, Subscriptions se\en hundred and fifty dollars some agencies may issue temporary rules. A temporary ($750.00). Individual \olumes available. rule becomes effecti\e ^^hen adopted and remains in NORTH CAROLINA REGISTER ISSUE CONTENTS

I. EXECUTIVE ORDER Executive Order 99 892

II. PROPOSED RULES Agriculture Plant Industry' 895 Economic and Community Development Departmental Rules 901 Environment, Health, and

OJfice of Administrative Hearings Natural Resources P. O. Drawer 11666 Wildlife Resources Raleigh, SC 27604 Commission 903 (919) 733 - 2678 State Personnel State Personnel Commission ...923

III. CUMULATIVE INDEX 927

Julian Mann, III Director James R. .Scarcella Sr., Deputy Director Molly Masich, Director APA Services

Staff: Ruby Creech, Publications Coordinator Teresa Kilpatnck, Editorial Assistant Jean Shirley, Editorial Assistant NORTH CAROLINA REGISTER Publication Schedule (January- 1990 - December 1991)

Issue Last Day Last Day Earliest + Date for for Date for Earliest Filing Electronic Public Effective

Filing I learing & Date Adoption by Agency

+**+++** +*++++++ ++*+++*+ +++*+*++ ++++++++ 01/02,90 12/07,89 12/14/89 02/01/90 05/01/90 01/16;90 12 20 89 12/29,89 02/15/90 05, 01/90 0201,90 01/10/90 01/1890 03/03/90 06/01/90 02/15,90 01/25/90 02,/01/90 03/17/90 06/01/90 03/01/90 0208/90 02/15/90 03/31 '90 07/01/90 03/15;90 02 '22/90 0301/90 04/14/90 07/01 90 04 02 90 03/12/90 03/19,90 05/02/90 08 01/90 05,01 90 04/09/90 04' 17 '90 05/31/90 09,01/90 06/01,90 05/10/90 05 17,90 07/01 90 10/01 90 07/02/90 06/11/90 06 18,90 08,01/90 11/01/90 08/01/90 07/11/90 07/ 18 '90 08/31/90 12/01/90 09 04 90 08/13/90 08 '20 90 10,04 90 01 01/91 10,01,90 09,10,90 09 17,90 10/31/90 02/01,91

11/01,90 10' 11/90 10 18,90 1 1 /30/90 03/01/91

12,' 03 90 11/08/90 1115,90 01/02/91 04/01/91 01/02,91 12/07/90 12/ 14; 90 02/01/91 05/01/91 02/01/91 01 10/91 01/18/91 03/03/91 06/01/91 03/01 91 02 08 91 02/15 91 03 '3 1/91 07 01/91 04,01,91 03 11 91 03/18 91 05 01 91 08 01/91 05/01,91 04/10/91 04/17,91 05,31/91 09/01/91- 06,/03/91 05 10 91 05/17/91 07 03/91 10/01/91 07/01,91 06 10, 91 06/17/91 07/31/91 11/01/91 08/01/91 07 11'91 07/18/91 08/31/91 12/01/91 09 03, 91 08 12 91 08/19 91 10 03 91 01 01/92 10,01,91 09 10,91 09/17,91 10,31,91 02 01,92 11/01/91 10/11/91 10/18/91 12/01/91 03/01/92 12/02/91 11,07/91 11 14 91 01/01/92 04 01/92

* The "Earliest Effective Date" is computed assuming that the public hearing and adoption occur in the calendar month immediately following the "Issue Date", that the agency files the rule with The Administrative Rules Review Commission by the 20th of the same calendar month and that ARRC approves the nde at the next calendar month meeting. EXECUTIVE ORDER

EXECUTIVE ORDER NLMBER 99 Section 2. Membership. The Commission GOVERNOR'S COMMISSION ON REDUCTION shall consist of not less than 27 members. The OF INFANT MORTALITY Governor of North Carolina shall appoint at least 25 persons as members of the Commission. Whereas, the State of North Carolina has the These 25 appointees shall be distributed as fol- highest infant mortality rate among the states; lows; and Whereas, the infant mortality rate increased No. of Appointees Representing from 11.6 deaths to 12.1 deaths per 1,000 live births between 1986 and 1987, a four and three- 3 Organizations or associations tenths percent (4.3%) increase; and described in Chapter 61 of the Wliereas, the infant mortality rate increased North Carolina General from 12.1 deaths to 12.6 deaths per 1,000 live Statutes and qualified under births between 1987 and 1988, a four and one- Sec. 501(c)(3) of the Internal tenth percent increase; and (4.1%) Revenue Code of 1986. Whereas, babies who are bom prematurely or 3 the various professions, weigh less than 5 pounds at birth are 40 times 1/2 businesses, and industries more likely to die within the first month of life doing business in North as are nonnal weight babies; and Carohna Whereas, the cost of intensive care for one low 3 members of the general public birth weight infant ranges from to several $30,000 Public education hundred thousand dollars in a neonatal intensi\e the North Carolina Nurses to its life; and care nursery sa\e Association W^iercas, premature infants are at a high risk for the North Carolina Society of long-term handicapping conditions including Public Health Educators mental retardation, cerebral palsy, and blindness, the North Carolina Association which often require continued support from tax of Local Health Directors dollars for their care; and the School of Public lleaUh, Whereas, the cost of intensive neonatal care for University of North Carolina five birth would for the low weight babies pay (Chapel HiU) prenatal care of 149 women; and the North Carolina Academy Whereas, in November 1988, two reports were of Family Physicians released which outlined problems and made de- the North Carolina Pediatric finitive recommendations concerning the prob- Society lems of infant mortality and prenatal care, one the North Carolina Obstetrics report having been prepared by the North and Gynecology Society Carolina Department of Resources In- Human the North Carolina Hospital fant Mortality Force the second the Task and by Association North Carolina Institute of Medicine's Task the North Carolina Perinatal Force to and Morbidity; Reduce Infant Mortality Association and N.C. Chapter, /Vmerican Whereas, one of the high priority recommen- College of Nurse - Midwives dations listed in both reports is the initiation of other Health Care Pro\ider a coordinated effort among state and local agen- Professions cies and the business community particularly to prenatal care as educate the pubhc concerning In addition to the above members, the Go\'er- birth well as other efforts to promote the of nor shall seek recommendations from the fol- healthy babies and reduce infant mortality in the lowing groups for the purpose of making the State of North Carolina; NOW, TllFREFORF, following appointments;

By the authority vested in me as Governor by No. of Appointees Representing the Constitution and laws of North Carolina it is 0RDFR1:D: 2 the North Carolina Institute of Medicine

Section I. Establishment. I hcreb>' establish 2 the North Carolina Chapters the Governor's Commission on Reduction of of the March of Dimes Birth Infant Mortality. Defects Foundation

NORTH CAROLINA REGISTER S92 EXECUTIVE ORDER

(3) Facilitate coordination of existing and/or The Speaker of the House of Representatives proposed state and local programs relating of the North Carolina General Assembly shall to prenatc'd care and reduction of infant appoint one member who shall be, at the time mortality and morbidity. of appointment, a duly elected and serving (4) Determine whether such existing programs member of the House of Representatives of the as outlined above are in need of assistance North Carolina General Assembly. in carrying out their purpose and to deter- The President of the Senate of the North mine whether such programs in need of as- Carolina Cjeneral Assembly shall appoint one sistance would effectively benefit from such member uho shall be, at the time of appoint- assistance as the Commission, through its ment, a duly elected and serving member of the association with any private, non-profit cor- Senate of the North Carolina General Assembly. poration referred to in Section 6, is able to give.

Section 3. Chairmanship and Terms. The (5) Promote programs among business and in- Governor shall designate from the membership dustry within the state which, if imple- a Chairperson and Vice-Chairperson of the mented and utilized by employees, w^ould Commission. Members totalling one-third (1 3) have a beneficial effect upon maternal and or less of the total membership of the Commis- infant health. sion shall be appointed to initial terms of one (1) year each. Members totalling one-third (1 3) or Section 6. Public Private Partnership. The less of the total membership of the Commission Commission may, in its discretion, associate itself shall be appointed to initial terms of two (2) with and work in conjunction with a private, years each. The remaining members shall be non-profit organization organized pursuant to the provisions of Chapter 55A of the North appointed to initial terms of three (3) years each. Carolina General Statutes (and for which tax ex- .After completion of these initial terms, all ap- empt status under the Internal Revenue Code of pointees shall be appointed to terms of three (3) 1986 and under the Revenue Laws of the State years each. Members may be reappointed for of North Carolina shaO have been granted), additional terms. The Governor shall designate which organization shall have as its purpose the the length of each members' initial term pursuant furtherance of the goals of this Order and the to this section. During their terms all members Commission. The Commission shall not seek serve at the pleasure of the Governor. .All \a- funds from the State of North Carolina for ap- cancics shall be tilled by the appointing authority propriation to any entity referred to under this for the remainder of the unexpired term. Section.

Section 4. Meetings. The Commission shall Section 7. Cooperation of State Agencies. .AH meet at least once each calendar quarter and at state agencies, departments, and officials shall other times as directed by the Governor or upon cooperate with the Commission and provide call b_\' the Chairperson. such technical advice, information, and other assistance as the Commission shall request. Section 5. Duties and Powers. The Commis- sion shall such duties as assi^ed the pcrtbrm by Section 8. Consultation with f xisting Public It following Governor. shall ha\e the specific Policy Groups. In carr.mg out its duties and duties, powers and functions: functions the Commission shall consult with the (1) .\d\ise the Governor and the Secretar\" of Institute of Medicine and, in the discretion of the the Department of En\ironment. Health and Commission, any other medical or public or pri- Natural Resources on measures necessary to vate groups which have conducted studies or reduce current rates of infant mortalits' and have expertise in the area of infant mortality in morbidity. North Carolina. (2) .Assess e>dsting programs concerning pre- conceptional health of women througli Section ^. .Xdministrative Support and Ex- health and welfare of infants dunng the first penses. The administrative support tor the >ear of life, including prenatal care, whether Commission shall be provided by the Depart- such programs be public or private. A pn- ment of linvironment. Health and Natural Re- mary goal of this assessment shall be the sources. elimination of dupHcation and gaps in establishing effective, efficient delivery of ser- Section 10. .Annual Report. The Commission vices. shall, promptly following the close of each cal-

,V9.? \ORTH CAROLINA REGISTER EXECUTIVE ORDER

endar year, submit an annual report of its activities for the preceding year to the Governor the ^-his Order is effective this the 13th day of De- Lieutenant Governor, and the Speaker or the , ,qoq cemoer, ivoy. House of Representatives of the North Carolina General Assembly.

NORTH CAROLINA REGISTER S94 PROPOSED RULES

I ITLi: 2 - DKPAR IMEM OF it include any information which has been AGRICULTURE submitted but not designated as confidential for the purposes of any corresponding application or notice filed with a federal

Nooticc is hereby given in accordance with G.S. agency. I50B-I2 that the Genetic Engineering Review (7) "Contained facility" is one that complies Board intends to adopt rules cited as 2 NCAC with applicable National Institutes of I lealth 48E .0101; .0201: .0301 - .0305; .0401 - .0403; (NIH) Guidelines for Research Involving .050/ - .0503. Recombinant DNA Molecules: Appendix G or Appendix K or United States Depart- ment of Agriculture (US DA) Plant Pro- 1 he proposed effective date of this action is June tection and Quarantine Guidelines for I, 1990. Containment of Plant Pests Under Permit. Where a facihty is of a type not covered by I he public hearing will be conducted at J .30 these NIH or USDA guidelines, a "con- p.m. on February 13, 1990 at Conference Room. tained facility" is one that has been deter- L.Y. Ballcnline Bldg., 2109 Blue Ridge Rd.. mined by the Conmiissioner to be Raleigh, SC 27612. adequately contained. (8) "Genetic engineering" means the intro- (_ omrnent Procedures: Written comments con- duction of new genetic material to an cerning the proposed ndes may be submitted by organism or the regrouping of an organism's Febmary 28, 1990 to: Genetic Engineering Review genes, except for the breeding of plants, ani- Board, N.C. Department Agriculture. P.O. Box of mals and other organisms by traditional 27647, Raleigh, 27611, Attn: Bill Dickerson. NC methods. The following activities are not Oral comments may be presented at the hearing. considered to be genetic engineering and no Further information on the proposed rules may be permit is required for the release of obtained by contacting Mr. Dickerson at the above organisms produced by such methods: address, or call (919) 733-6930. (a) Artificial insemination; (b) Hand poUination; CMAI'IKK 48 - PLANT INDLSTRY (c) Genetic manipulation of microorganisms by traditional methods such as conju- SI BCIIAPTP:R 48E - GKNFTICAl.I.Y KN(;iNKKKFD OR(,AMSMS gation, transformation or transduction; (d) Classical selection procedures based on sexual reproduction; SECTION .0100 - DEFINITIONS (e) SomaclonaJ variant selection; .0101 DEFINITIONS (f) Selection of spontaneous mutants; As used in this Subchapter: (g) Embryo rescue; (1) "Adverse effect" means physical injur,' to (h) Supero\'ulation; agriculture, public health or the environ- (i) Embr>o transfer within species;

ment. (j) Mutagenesis induced by chemicals, radi- (2) "Application notice date" means the date ation or transposons; of the last newspaper publication of notice (k) Protoplast fusion;

of a proposed release or commercial use, as (!) Vaccination with a non-replicating moiety. provided for in 2 NCAC 48E .0304(c)(1). (9) "Genetically engineered organism" means (3) "Board" means the Genetic Engineering any hving animal, plant, bacterium, Review Board. cyanobacterium, fungus, protist or virus de- (4) "Commercial use" means the sale, offering rived from genetic engineering as defined in for sale, or distribution of a genetically engi- this Rule. neered organism. (10) "Release" means the placement or use of (5) "Commissioner" means the Commissioner a genetically engineered organism outside a of Agriculture. contained facility. (6) "Confidential business information" means trade secrets, proprictar\' information, finan- Statuloiy Authority G.S. 106-770. cial data, and other infomiation which the

applicant has a reasonable need to shield - SF( I ION .0200 DFl F(;\I ION OF from competitors, but shall not include in- AL IIIOKIIN formation regarding the adverse effects of a proposed release of an\' organism, nor shall .0201 POWERS DEI EGA FED

S95 NORTH CAROLINA REGISTER PROPOSED RULES

To the extent provided in this Subchapter, the (c) In accordance with the Administrative Board hereby delegates to the Commissioner the Procedure Act, the Commissioner may suspend authority: any activities being conducted under a general (1) to grant, deny, suspend, modify or revoke permit for failure to comply with the Genetically permits; Engineered Organisms Act or any rules of this

(2) to establish advisor)' committees; Subchapter, or if the Commissioner deems it (3) to exercise powers of the Board under G.S. necessary to protect agriculture, public health or 106-772 (permit applications), G.S. 106-773 the environment from potential adverse effects (public hearings on permit applications) and of a release. ^'Vny such suspension shall be re- G.S. 106-774 (confidential business infor- viewed by the Board within 30 days. The Com- mation). missioner shall state in writing the reasons for such action. Statutory Authority G.S. 106-770. (d) The following classes of activities are hereby permitted by general permit and no permit ap- SECTION .0300 - PERMITS REQUIRED; plication shall be required: TYPES OF PERMITS; PERMIT APPLICATIONS; (1) Releases of genetically enigneered PLBLIC NOTICE; PUBLIC HEARING; organisms between July 1, 1990 and De- ISSUANCE OF PERMITS; MODIFICATION, cember 31, 1990, which are otherwise in SUSPENSION, RE\ OCATION OF PERMITS compliance with state and federal law; Releases of genetically engineered .0301 PERMITS REQUIRED (2) organisms resulting from activities per- A genetically engineered organism may not be formed in contained facilities where both released into the en\ironment, or sold, offered for the release of the organism and the facility sale or distributed for release into the en\iron- comply with NIH Guidelines for Re- ment within North Carolina unless a permit for search Involving Recombin;mt DNA its release or commercial use has been issued Molecules; pursuant to this Subchapter. (3) Releases of genetically engineered organisms from large-scale fermentation Statutory Authority G.S. 106-770. processes and associated recover}" and pu-

rification processes if the following condi- .0302 CLASSES OF PERMITS tions are met: There are two classes of permits for releases or (A) host organism is non-pathogenic commercial uses of a genetically engineered The organism(s): and non-toxigenic; (B) The vector/insert is well-characterized, (1) general permits; and free from known harmful sequences and (2) limited permits. limited in size to the extent possible to the required to perform the intended Statutory Authority G.S. 106-770. DNA function; (C) The number of viable genetically engi- .0303 GENERAL PERMITS neered organisms in the process streams (a) In response to a petition by any person, a is minimized by a validated inactivation recommendation of the Commissioner, or upon procedure prior to release; its own motion, the Board may, by rules adopted Releases or commercial uses of drugs or pursuant to the Administrative Procedure Act (4) devices containing genetically engineered (G.S. 150B), establish as part of these rules gen- organisms and intended for prophylactic, eral permits for classes of activities for which therapeutic or diagnostic use in humans limited permits will not be required. Such gen- where such releases or uses are regulated eral permits may contain conditions or re- under the Food, Drug, and Cosmetic Act, strictions on their applicability. et Public (b) Pubhc notice of any proposed rule regard- 21 use A 301 seq., or the ing the adoption of a general permit shaU be Health Service Act, 42 USC AA 262, 263; given in accordance with G.S. 150B-12 and by: (5) Releases of microorganisms created by transfer genetic (1) mailing a copy of the proposed general intrageneric microbial of permit to any person who has filed a material if the microorganisms involved written request to be so notified; are neither pathogens nor pesticidal. (2) publishing notice of the proposed general permit at least once in newspapers having Statutory Authoritv G.S. 106-770. general circulation tlirougliout North Carolina. .0.^04 LIMITED PERMITS

NORTH CAROLINA REGISTER 896 )

PROPOSED RULES

(a) Limited Permits Required. The release or federal submission, all of the data required commercial use of genetically engineered by the Board. organisms not covered by a general permit pur- (6) During the permit review process, the suant to 2 NCAC 48E .0303 requires a limited Commissioner may request additional in- permit. Limited permits may cover multiple re- formation as deemed necessary'. To the leases or commercial uses. .*Vny person seeking extent possible, however, the Commis- to obtain a limited permit must file an applica- sioner shall base the permit decision on tion with the Commissioner. the data originally submitted as part of a (b) Application Procedure: completed permit application.

(1) WTiere the applicant is making a federal (7) The application may be withdrawn at any submission regarding the proposed release time by written notice from the applicant or commercial use of a genetically engi- to the Commissioner. neered organism, a copy of the federal (c) Public Notice of Proposed Release or submission appended to a Submittal Commercial Use,

Within 1 5 days after receiving a completed Summary for the Release of a Genetically ( 1 Engineered Organism, as prescribed by permit application, the Commissioner shall notice a brief description the Board, shall constitute an application publish and of the proposed release or commercial use to the Commissioner. as follows: (2) Where there is no federal submission re- (A) by mailing a copy of the public infor- garding the proposed release or commer- mation version of the Submittal Summary cial use of a genetically engineered for the Release of a Genetically Engi- organism, Hmited permit applications neered Ofganism to any person who has shall be on forms or in the format that the fded a wntten request to be notified of Board shall prescribe, appended to a proposed releases or commercial uses; and Submittal Summary for the Release of a (B) by pubHshing notice of the proposed Genetically Engineered Organism. Such release at least once in a newspaper having limited permit applications shall include general circulation in each county where all of the data required by the Board. a release is proposed to occur and by applicant for a limited permit may (3) An mailing a copy of the pubUc information designate as "confidential" any portions version of the Submittal Summan.' for the applicant be- of the application which the Release of a Genetically Engineered lieves are entitled to treatment as confi- Organism to the County Manager or dential business information (CBI), as County Administrator in the county(ies) defmed in this Subchapter. The applicant where the proposed release(s) is to occur; shall submit two copies of the permit ap- (C) by publishing notice of a proposed plication to the Commissioner: one con- commercial use at least once in newspa- taining CBI ("CBI" copy), and the other pers having general circulation throughout with CBI deleted ("public information" the State. copy) from both the application sub- (2) AU notices of proposed releases or commission and the Submittal Summary for mercial uses shall state: the Release of a Genetically Engineered (A) where the public information version Organism. Deletions of confidential of the application may be inspected and business information in the public infor- copied; mation copy shall be indicated in a man- (B) that any person may submit written ner prescribed by the Commissioner. comments on the proposed release or (4) \\"ithin ten da\ s of receipt of an applica- commercial use to the Commissioner tion, the Commissioner shall send written within 30 days of the application notice notification to the applicant informing the date; applicant whether or not the application (Ci that any person may request that a

is complete and, if not, what additional public hearing be held on the proposed

inlbrmation is required to complete the release or commercial use by fling a writ- application. ten request with the Commissioner within

(5) A completed appUcation shall consist of a 30 da\s of the application notice date. completed Submittal Summary for the (3) .\ny person who makes a written request Release of a Genetically Engineered to the Commissioner, upon payment of a

Organism, all of the data required in the reasonable fee to co\er costs of copying

federal submission, or, where there is no and postage, shall be prompth' sent a

.W SORTH CAROLISA REGISTER )

PROPOSED RULES

copy of the public information version of (2) In reviewing a permit application, the the application. Commissioner may consider the history (d) Public Comments and Hearings. of previous releases or commercial uses in

( 1 Any person may submit written comments North Carolina or elsewhere. to the Commissioner or request a public (3) After the public comment period and the hearing on a proposed release or com- public hearing, if any, the Commissioner mercial use within 30 days of the applica- may issue a permit under this Article tion notice date. based on the federal review and approval (2) In the case of proposed releases, if the of the proposed release if he determines Commissioner determines that significant that federal regulation of the release suffi- public interest and justification exists for ciently protects agriculture, public health holding a hearing, the Commissioner shall and the environment in North Carolina. hold a hearing in the county(ies) where (4) The Conrniissioner may, if he deems it the release(s) is proposed to occur. At necessary to protect agriculture, public least 30 days before a hearing date, the health or the environment from potential Commissioner shall publish notice of the adverse effects of the proposed release: hearing at least once in a newspaper hav- (A) place restrictions on the number and ing general circulation in the county(ies) location of organisms released, method of where the release(s) is proposed to occur. release, training of persons involved with (3) In the case of proposed commercial uses, the release of organisms, disposal of if the Commissioner determines that sig- organisms, and other conditions of release nificant public interest and justification or commercial use; exists for holding a hearing, the Commis- (B) require measures to limit dispersal of sioner shall hold a hearing or hearings in released organisms or spread of inserted one or more locations to be determined genes or gene products; by the Commissioner. At least 30 days (C) require monitoring of the abundance before a hearing date, the Commissioner and dispersal of the released organism or shall publish notice of a public hearing at inserted genes or gene products; or least once in a newspaper(s) having gen- (D) deny the permit, in which case the eral circulation in the county(ies) where Commissioner shall state in writing the the hearing(s) are to be held, and in any reasons for the denial. other manner deemed by the Commis- (5) A permit issued by the Commissioner will sioner to be appropriate. become effective 15 days after issuance (4) The public notice of the hearing shall in- unless a request for Board review is re- clude the information included on the ceived by the Chainnan of the Board, or public information version of the Sub- his designee, within ten davs after issu- mittal Summary for the Release of a Ge- ance, pursuant to 2 NCAC 48H .0502. If

netically Fngineered Organism, the date, such a request is received, the permit will time and place of the hearing, and other become effective when the Chairman or information prescribed by the Board. The his designee denies the request or, if the notice shall also state where the public Chairman or his designee decides to hold information version of the application a Board review of the request, the pennit may be inspected and copied. wiU become effective if and when the (e) Issuance of Permits. Board affirms or modifies the pennit de- (1) The Commissioner shall make a decision cision of the Commissioner. on a pennit application within 75 days of (f) .Modification, Suspension or Revocation of receipt of a completed application unless Permits. a public hearing is held. If a public hear- (1) Upon request from an applicant, the ing is held, the Commissioner shall make Commissioner may modify a permit if he a decision on a permit application within determines that such modification will not 105 days of receipt of a completed appli- result in an adverse effect on agriculture, cation. With the written consent of the public health and the environment; pro- applicant these time periods may be ex- vided, however, that a permit may not be

tended. At the time a decision is made modified with respect to the following:

on a permit, the Commissioner shall si- (A) organism(s) released or used; multaneously notify the applicant and any (B) genetic sequences which change the other persons who ha\e requested such phenotype or potential ad\'crse effects of notification. the organism(s);

NORTH CAROLINA REGISTER S9S PROPOSED RULES

(C) county or counties of release; confidential business information as set forth in (D) any conditions expressly placed on the Rule .0101(4) of this Subchapter, may be desig- release or commercial use by the permit, nated as confidential business information by unless the permit provides for subsequent clearly and conspicuously" marking such infor- modifications of such conditions by the mation as provided in Rule .0304(b)(3) of this Commissioner. Subchapter, as "confidential business informa- (2) In accordance with the Administrative tion". Procedure Act, the Commissioner may suspend, revoke or modify a limited per- Statutory Authority G.S. 106-770. mit for failure to comply with the Genet- ically Engineered Organisms Act or any .0402 ACCESS TO CONFIDENTIAL rules of this Subchapter, or if the Com- BUSINESS INFORMAIION

missioner deems it necessary to protect (a) Fhe following persons, upon signing a agriculture, public health or the en\iron- non-disclosure agreement with the Commis- ment from potential adverse effects of a sioner, may have access to confidential business release or commercial use. The Com- information submitted as part of a permit appli- missioner shall state in writing the reasons cation: for such action. (1) employees of the Department of Agricul- ture who are invohed in reviewing permit Statutoiy Authority G.S. 106-770. applications; (2) members of the Genetic Engineering Re- .0305 INSTRl CTIONAl. INFORMATION; view Board on review or appeal of a de- REQLESTS FOR NOTICE cision of the Commissioner pursuant to (a) The Commissioner shall prepare and pro- Section .0500 of this Subchapter; pro- \idc all necessan,' forms and instructions ex- vided, however, that no Board member plaining the types of permits, permit application shall review confidential business infor- process, petition process for establishing general mation if he or she is, or represents in any permits, issuance and modification of permits, capacity, a person engaged in any business and public hearing and pubUc notice process. or enterprise in competition with the ap- Information may be obtained by calling or writ- plicant or in which confidential business ing: information could be utilized for product Genetic Engineermg Review Board development purposes; Plant Industp,- Division (3) . advisors selected by the Department of North Carolina Department of Agriculture Agriculture to assist in reviewing permit P.O. Box 27647 applications, where the Commissioner Raleiah, North Carolina 27611 determines that the advisors must have Phone: (Q19) 733-6930 access to the confidential business infor- (b) Persons who wish to be notified of actions mation in order to perform their re\iew taken h\ the Board or the Commissioner shall effectively; provided, however, that any make such requests in writing addressed to: such advisor must sign an affidavit af- Genetic Engineering Re\iew Board firming that the advisor is not, nor does Plant Industry Di\ision the advisor represent in any capacity, a North Carolina Department of Aaiculture person engaged in any business or enter- P.O. Box 27647 prise in competition with the applicant or Raleish, North CaroUna 27611 in which the confidential business infor- Phone: (919) 733-6930 mation could be utih/ed for commercial EaUure to pro\ide or receive such notice shall not or product development purposes; and affect the vaUdity of any pennit issued hereunder. provided further that prior to the release of any confidential business information 106-770. Statutoiy Authority G.S. to an advisor, the Commissioner shall notify the applicant of his intention to re- SFCnON .0400 - rONFIOFNTlAI Bl SINFSS INFOKMAIION lease the confidential business information to such an advisor and the appUcant will .0401 DESIGNATION OF CONFIDENTIAL have ten days to notify the Commissioner INFORMATION of any objection regarding such a release As pro\ided m Rule .0304(b)(3) of tlus Sub- of confidential business information; chapter, information submitted as part of a per- (4) federal officials, pursuant to Rule .0403 of mit application, which meets the definition of this Section herein.

899 NORTH CAROLINA REGISTER PROPOSED RULES

(b) Any person engaged in the review of the information which the Commissioner has effects of a proposed release of a genetically en- determined is required by the petitioner; gineered organism who believes that access to (2) seek Board review or appeal of the Com- undisclosed confidential business information is missioner's decision pursuant to Section necessary in order to perform such review effec- .0500 of this Subchapter; or tively may request the disclosure of material des- (3) withdraw its application. ignated as confidential business information by If, pursuant to Section .0500 of this Subchapter, submitting a written petition in a form prescribed the applicant seeks Board review or appeals a by the Board to the Commissioner within 30 decision regarding confidential business informa- days of the application notice date. Such a petition, the applicant shaU not be required to reveal tion shall state the reasons that such confidential the confidential business information pending business information is necessary to the per- review or appeal. If the application is with- formance of the petitioner's review. In addition, drawn, all confidential business information shall the petitioner shall sign an affidavit affirming that be returned to the applicant and shall not be the petitioner is not, nor does petitioner represent disclosed. in any capacity, a person engaged in any business 106-770. or enterprise in competition with the applicant Statutory Authority G.S. or in which the confidential business information .0403 AGREEMENTS WITH I EHERAL could be utilized for commercial or product de- AGENCIES; CBI velopment purposes. The Commissioner may enter into cooperative (c) The applicant shall be notified of the peti- agreements with federal agencies to facilitate the tion and shall have an opportunity to respond to sharing of information, including confidential the petition. Such response may include an offer business information, which may be received as by the applicant to produce the confidential part of a federal or state submission or applica- business information, in total or in part, to the tion. Such agreements shall ensure the pro- petitioner pursuant to terms to be expressed in a tection of confidential business information from written agreement between the applicant and the disclosure to unauthorized persons. petitioner, and explanation by the applicant as to why the petitioner docs not need the confidential Statutory Authority G.S. 106-770. business information in order to perform such review, or an offer by the applicant to provide the SECTION .0500 - APPEAL PROCESS petitioner with other information which is not confidential and responds to the petitioner's rea- .0501 RECONSIDERATION BY THE sons for requesting the confidential business in- COMMISSIONER formation. Any person adversely affected by a decision of the Commissioner under these Rules may re- (d) If the applicant and the petitioner can not quest in writing that the Commissioner recon- reach an agreement within 15 days after the peti- sider such decision. The Commissioner shall tion is filed with the Commissioner, the Com- render a decision on such a request within ten missioner shall then determine, within five days of receiving it. additional days, whether the petitioner docs require access to any or aU of the confidential Statutoiy Authority G.S. 106-770. business information requested by the petitioner in order to make an effective, independent review .0502 BOARD REMEW of the proposed release. By mutual written (a) It is the policy of the Board that disputes agreement of the petitioner and the apphcant, the arising from the issuance of a permit decision by delay a decision peti- Commissioner may on the the Commissioner, pursuant to these Rules, shaU tion untU further written notice by the petitioner. be settled informally, if possible. Decisions made If the Commissioner determines that the by the Commissioner regarding permits may be petitioner does require access to some or all of appealed to the Board by any person adversely the confidential business information requested affected by a decision of the Commissioner by by the petitioner, the Commissioner shall notify fding a written request for Board review of such the applicant and the petitioner of his decision, decision with the Chairman of the Board, or, in and the applicant shall: his absence, with another member of the Board

( 1 ) upon the signing of a non-disclosure designated by the Chairman for that purpose, agreement by the petitioner, as prescribed within ten days after the Commissioner's deci- by the Board, provide to the petitioner sion. The request shaU set forth the decision of

that portion of the confidential business the Commissioner which is in dispute, the relief

NORTH CAROLINA REGISTER 900 PROPOSED RULES

requested, and the reasons why such relief is necessary' and appropriate. The Chairman, or Nootice is hereby given in accordance with G.S. his designee as provided in this Rule, shall review /50B-J2 that the Commerce Finance Center in- such request and decide whether to hold a Board tends to adopt and amend rule (sJ cited as 4 meeting to consider the request within five days NCAC 1.1 .0/02. .020/ and .050/. of receipt of such a request. When a decision is a request for Board re\iew, the Chair- made on 1 he proposed effective date of this action is .\/ay or his designee shall notify the applicant, the man /. /990. person requesting Board review, and others who ha\e requested such notification. If the decision 1 he public hearing will be conducted at /0:00 is to conduct a Board review, the Board shall a.m. on Febnjary 8, 1990 at Room 6/68, Dobbs meet within ten days of such decision. After re- Building. 430 N. Salisbury Street, Raleigh, NC viewing the Commissioner's decision, the board 276//." may affirm, modify or reverse. The Board shall state in writing the reason(s) for its decision. (b) WTien the Commissioner concludes that an \^ omment /Procedures: Any person interested in to the applicant is required to release some or all of its these ndes may present oral comments confidential business information, pursuant to action proposed at the public rulemaking hearing Rule .0402(dj of this Subchapter, the applicant or delixer written comments to the Commerce Fi- may seek Board re\iew of that decision by fding nance Center no later than Febniaty 5, /990. a written request with the Chairman of the Board .Anyone planning to attend the hearing should no- or, in his absence, with another Board member tify Bruce Strickland. Jr.. Commerce Finance designated by the Chairman for that purpose, Center, by Februarys 5. /990. within ten days of the Commissioner's decision. The request shall set forth the decision of the CHAPTKR 1 - DEPARTMF.NTAI. Rl LES Commissioner which is in dispute, the relief re- SL BCHAPTER IJ - NORTH CAROLINA JOBS quested, and the reasons why such relief is nec- TAX CREDrr essary and appropriate. The Chairman, or his designee as provided in this Rule, shaU review SECTION .0100 - PLRPOSE AND DEFIMTIONS such request and decide whether to hold a Board meeting to consider the request within five days .0102 DEFINITIONS of receipt of such a request. When a decision is (a) "Distress factor": a distress factor is defmed made on a request for Board review, the Chair- as the sum of or his designee, shaU notiiy the applicant man, (1) the county's rank in a ranking of counties and the petitioner seeking the confidential busi- by rate of unemployment from lowest to ness information. If the decision is to conduct a highest; and review, shall within Board the Board meet ten (2j the county's rank in a ranking of counties da\"s of such decision. After reviewing the by per capita income from higliest to Commissioner's decision, the Board may affirm, lowest. modify or re\erse. fhe Board shaU state in (b) "Date of signing" shall be defined as the writing the rcasonfs) for its decision. date which the Secretan,' of Commerc e I'co- on , nomic and Communitv Development, his Staiutoij Authority G.S. 106-770. designee, or the Commerce Finance Center receives and accepts as complete, a commitment .050.1 FORMAL AIM'K ALS under Paragraph (d) of G.S. 105-130.40 and G.S. Formal appeals of the decisions of the Com- 105-151.17. Such a commitment will not be so missioner or the Board rendered pursuant to defined unless it is signed by a officer of the cor- these Rules or the Genetically Engineered poration or by the ta.xpayer. Organisms Act shall be governed by the Admin- (c) "Department" means the North Carolina istrative Procedure Act, Chapter 15UB of the ' ' Department of CommL iVL . T'conomic and General Statutes. Communit\ Dcxclopment.

(d) '1 ligible emploNcr" is defined as a corpo-

Statittoty Authority G.S. 106-770. ration or taxpayer that is located or proposes to l(H'ate in a distressed count) and has recei\ed an TITLE 4 - DEPAR IMENT OF ECONOMIC appro \cd "Determination of Fligibilit\ " from the

AM) COMMIMTV DF\ FLOPMENT Department o[ 1 conomic and (Aimmunit\ De- \elopment.

901 NORTH CAROLINA REGISTER PROPOSED RULES

(e) "Full time employee" is defined as an em- (1) Corporation or taxpayer name, local (NC) ployee who holds a full time job. address, county, telephone number; and (f) "f-uU time job" is defmed as a position that (2) Evidence offered by the corporation or is located in the distressed count>- and requires taxpayer that its firm is eligible to partic- at least 1600 hours of work per year and is in- ipate in the Job Tax Credit based on one tended to be held by one person during the entire of the following criteria: year. (A) Eirm obtained a Job Tax Credit for the

(g) "Letter of Commitment" is defmed as an year 1988. agreement between the department and a corpo- (B) Eirm is listed in the Directory of Man- ration or a taxpayer. This letter of commitment ufacturing Eirms in North Carohna, pub- will set out: lished by the North Carolina Department (1) the name of the corporation or the indi- of Economic and Community Develop- vidual taxpayer entity that will fde the ment. North Carolina tax return under Chapter (C) Eirm has a primary SIC Code in the 105; manufacturing group numbered 20-299 as (2) the name that will be used in the conduct listed in the Standard Industrial Classi- of business, if different from; fication -Manual, 1987, published by the (3) the permanent or Home Office address Executive OtTice of the President, OtTice of the management group directing the of Management and Budget. operation of the business; (D) Eirm otherwise documents in narrative (4) the location(s) of the qualifying business form, on form provided by Department,

operations within the distressed county; its position that it is engaged in the man- (5) a schedule showing the number of per- ufacturing of goods or is engaged in an manent full time positions to be created industrial activity such as the processing and the time sequence for their being of foods, raw materials, chemicals or filled; process agents, goods in process, or fm- (6) an estimate of the cost of new capital ex- ished goods. penditures within the distressed county over the two year time period of the Statutory Authority G.S. I05-I30.40(a),(c) and commitment; (d): 105-151. I7(a),(c) and (d); Chapter 568. (7) an official contact with the operating firm 1987 S.L.; Chapter III and 753. 19S9 S.L. to whom inquiries pertinent to the agreement can be directed; SECTION .0200 - DESIGNATION OF SE\ ERELY (8) the date of signing, as defined in Para- DISTRESSED COUNTIES graph (b) of this Rule; (9) where the scope of a project changes sig- .0201 DESIGNATION OF SEVERELY nificantly after the Letter of Commitment DISTRESSED COUNTIES has been fded, and within the same calen- On or before December 31 of each calendar dar year, a corporation or individual tax- \ear, the secretary of the department shaU desig- payer may then fde a new letter of nate which counties arc considered as severely commitment in that year which shows re- distressed, and shall provide that information to vised data; the Secretary of Revenue. The department wiU (10) "severely distressed county" is defined as obtain from the North Carolina Employment a county designated as such by the Secre- Security Commission the adjusted monthly esti-

tary of the Department of Commerce . mates of unemployment for the most recent 36 Economic and Community Development. month period for which data is available. Those I he Secretary will make such a desig- monthly estimates will be averaged and those nation if only a county has a distressed averages used to rank the counties by arranging factor that is one of the -SO 25 higliest in them in numerical order of the county with the the state. lowest unemployment as number 1 to the county On 'Determination of Fliabilitv" is defined as with the highest unemployment as number 100. the "mdina made by the Department of L The department will obtain from the United nomic and Community Development that the States Department of Commerce the latest avail- corporation or taxpayer which is creating jobs is able annual per capita income figures, by countv', eliablc to participate in the Job 1 ax Credit pro- for the most recent 36 month percent for wliich eram. Such findmi; uill be based on information, data is available. Those annual figures will be submitted on a tormat prescribed by the Secre- averaged and those averages used to rank the tar\-. which shows; counties in numcric;d order of the countv with

NORTH C.AROLIi\A REGISTER 902 PROPOSED RULES

the highest per capita income average as number District /

1 to the county with the lowest per capita income February 5, 1990 average as number 100. These two rankings will Swain Auditorium be totaled so as to provide a sum which will be Edenton the county's distress factor. Those ^ 25 coun- District 2 ties with the highest distress factors will be des- Febmary 6. 1990 ignated as severely distressed by the Secretary of Courthouse

Comm e rc e . Economic and Community De\'el- A'e^v Bern opment. The list of counties so designated will District J be provided to the Secretary' of the North Febmary ^. 1990 Department Re\enue. In addition, Carolina of Courthouse written notice of that designation wUl be given to Nashville the chairman of elected governing board in each District 4 county so designated. Februaty 8. 1990 Courthouse Statuloty Authority G.S. I05-I30.40(c) and (dj; Elizabethtown 105-1 5f. 17(c) and (d): Chapter 568. I9S7 S.L.; District Chapter III and ''53. 1989 S.L. 5_ February 9, 1990 Courthouse SECTION .0500 - DETERMIN.VFION OF ELIGIBILITY Graham District 9 .0501 DETERMINATION OF ELICIBILITV Febr-uaty 12. 1990 "Determination of Eligibility" uUl be made in Courthouse the form prescribed by the Department of Eco- Hendersonville nomic and Community Development. Corpo- District 8 ration or taxpayer will complete that form as Februaty 13. 1990 dctined in Rule .0102 (h) of tins Subchapter. Morganton Civic Center .Auditorium When accepted, approved or disapproved, and Morganton signed by the Secretar\' or his designee, that District £ action wiU be given to the corporation or tax- Februaty 14. 1990 payer requesting the Determination. Such High School actions wiU be kept on record at the Commerce Elkin Einance Center, Room 2174, Dobbs Building, District 6_ 430 N. Sahsbup,- Street, Raleigh, North Carolina February 15, 1990 27611. \orth Stanley High School .1 Ibemarle StatiitoiT Authority G.S. 105-130.40 [bl);

105-151'. 17 (bl I: Chapter 753. 1989 S.L. Coomment Procedures: Interested persons may present their views either orally or in writing at the UTIE 15A DIPARIMKNI OF hearing or by mailing to S .C. Wildlife Resources ENTIRONMKNT, HEALTH, AND Commission, 512 N. Salisbury St., Raleigh. .VC NATl RAL RESOl RCES 2'^61 1 . Fhe record of hearing is open from fifteen days preceding the date of the hearing to fifteen days after the date of hearing. Nooticc is hereby given in accordance with G.S. 1508-12 that the 'Xorih Carolina Wildlife Re- CIIAPFFK 10 - WILDLIFE RESOl RC ES AND sources Commission intends to amend rule(s) W A FER SAFET'i cited as 15A XCAC lOB .0202 - .0203. .0209; IOC .0205, .0301, .0305, .0404, .0407; lOD .0002 - SLBCIIAPTER lOB - III MING AND .0004. IRAI'I'INC;

SECFION .0200 - III N IING 1 he proposed effectke date of this action is July

1. 1990. .0202 BEAR (al Open Seasons II at '^:00 yd public /learitigs will be conducted (\) .\Ionday on or nearest October 15 to the p.m. on: Saturda\ before Thanksaxiniz and the

903 M)RTH CAROLLXA REGISTER PROPOSED RULES

third Monday after Thanksgiving to Jan- Madison County— Rich Mountain bear sanc-

uary 1 in and west of the boundary tuary formed by NC 16 from the Virginia State McDowell and Yancey Counties-Mt. Mitchell Une to Wilkesboro and NC 18 from bear sanctuary Wilkesboro to the South Carolina State Mitchell and Yancey Counties— Flat Top bear line. sanctuary (2) Second Monday in November to the fol- Washington County- -Bull Bay bear sanctuary lowing Saturday in Beaufort, Camden, Wilkes County- -Thurmond Chatham bear Craven, Jones, Pamlico, Pasquotank, and sanctuary Washington Counties: and in that part of (c) Bag limits; daily, one; possession, one; Bertie County southeast of US 17. season, one. (3) Second .Monday in November to the fol- (d) Kill Reports. The carcass of each bear shall lowing Wednesday in Gates, Hyde and be tagged and the kill reported as provided by Tyrrol TvrreU Counties. 15A NCAC 1 OB .0113. (4) Second .Monday in No\ember to January 113-134: 1 in Bladen, Carteret, Duplin, New Statutory Authority G.S. II3-29I.2: Hanover, Onslow and Pender Counties; 1 13-291.7; 113-305. in that part of Cumberland County south of NC 24 and east of the Cape Fear River; .0203 DEER (WHITE-TAILED) and in that part of Sampson' county south (a) Closed Season. AH counties and parts of of NC 24. counties not hsted under the open seasons below in this (5) Second .Monday in December to January Rule are closed to deer hunting. (b) (All Lawful 1 in Brunswick and Columbus Counties. Open Seasons Weapons) (b) No Open Season. There is no open season (1) Male Deer With Visible Antlers. Male in any area not included in Paragraph (a) of this deer with antlers or spikes protruding Rule or in those parts of counties included in the through the skin, as distinguished from following posted bear sanctuaries; knobs or buttons covered by skin or vel- Avery, Burke and Caldwell Counties--Daniel vet, may be taken during the following Boone bear sanctuary seasons: Beaufort, Bertie and Washington Counties-- (A) Monday on or nearest October 15 to Bachelor Bay bear sanctuar>' January 1 in the following counties and Beaufort and Pamhco Counties--Gum Swamp parts of counties: bear sanctuary Bladen County--Suggs Mill Pond bear sanctu- Beaufort Duplin ary Bertie Fdgecombe Brunswick County--Green Swamp bear sanc- Bladen Franklin tuary Brunswick Gates Buncombe, Hay-wood, Henderson and Camden Greene

Transylvania Counties- Pisgah bear sanc- Carteret I lalifax tuary Chowan Hertford Carteret, Craven and Jones Counties— Croatan Columbus* Hoke bear sanctuary Craven Flyde Clay County--Fires Creek bear sanctuary Currituck Jones Currituck County--North River bear sanctuary Dare Dare County- Bombing R;uige bear sanctuary Lenoir Pitt Haywood County--Harmon Den bear sanctu- Martin Richmond** ary Nash Robeson Ha>'\vood County--Sherwood bear sanctuary New Hanover Scotland** Hyde County--Gull Rock bear sanctuary Northampton T\rreU Hyde County--Pungo River bear sanctuary Onslow Vance Jackson C'ount\--['antherto\\n-Bonas Defeat Pamlico Warren bear sanctuar\' Pasquotank Washington Jones and Onslow Counties-- Hofmann be^u- Pender Wavnc sanctuaPv' Perquimans Wilson Macon County--Standing Indian bear sanctuary' Cumberland: Att Macon County--Wayah bear sanctuary That part north south of NC 24. t^rt^

NORTH CAROLINA REGISTER 904 .

PROPOSED RULES

Madison Swain

' iiortli (-4 1 aVL ttu' i illu. McDoweU Transylvania Harnett: That part west of NC 87. Mitchell "\'ancev Johnston: /Ml of the county except that part south of US 70 and west of 1-95. Mecklenburg: That part west of 1-77, south

Moore**: That paft- r. outh e4' jvG i\-V aft4 ot' NC 73, east of the Catawba Ri\er. and

ea*t- t+f -Ir^ 4t All of the count\' except north of NC 2.6 and SR 201)4. except

that part north of NC 21 1 and west of (?owan's Ford Waterfowl Refuge.

l_S j_ (C) f-P-)' .Monday before Ihanksgiving week

Sampson: rVU of the county except that to January 1 in the following counties and part west of NC 242 and north of US parts of counties: 13. Wake: That part north of NC 54 west of Alamance Durham Raleigh and US 70 east of Raleigh. Anson Gran\ille Caswell Guilford *l"nla\\ful to hunt or kill deer in Lake Chatham Lee W'accamaw or within 50 yards of its Davidson Montgomery' shoreline. Orange Stanly **See 15A NCAC lOD .0003(d)(2) for Person Union seasons on Sandhills Game Land. Randolph Rockingham

' ffi4 Monday t+f Thank 'i gising . veok to s«?^- Rov\an

t+«4 Saturday alter Ilumk i. gi'i ing Day m

t4te foUo' i sing countioo aft4 parto trf coun Cabarrus: That part east of 1-85.

tiij; . : Cumberland: That part north of NC 24. e««+ &f Fayottcilli.' *ft4 eavt- »-4 rvG 34i)

' ' i\li. .'uindi. r Da^i io ' north »4 FiiyijtlL" ! illo. b+rt L xcludmg (4+e

' - iVlk Lihunv For , . i th ; i*fea- locat e d north ctft4 Cth* t4~ a: bound Ga -jton af¥ fomu'd l>v 4-» 4JW 4^ J^Ur J>ft -kSOX Cataii vba Da'i ic' 44<^ H«4 A^ Cape i^t»f Fuvcr. iwtWl W'alauaa ^ Harnett: That part east of NC 87. aft4 Lincoln Wilkccr wl' !4 t4" 4-^ 4(-)4- north »-4- I illington c+«4 StokoL. ^'adkm t+»# Cape Fear Riser '. outh t-4 Surrr 1 lUington. Johnston: Fhat part south of L S 70 and ML'ckk'nburg: That p«4 Vr«^ ef I 77. west of I-Q5. L . outli t-4-' XQ 2Xt erH4 t4" A^ Catawba Moore: That part north of NC 21 1 and Mi't LT. rt«4 north ef -N^ +6 rtft4 S44 west of US 1 ' ' 2001. e .xcL pt Co'.van' j Ford W'at e rfov i l Sampson: The part west of NC 242 and MolugL'. north of US 13. (B) fG^ .Monday of Thanksgiving week to Wake: Fhat part south of NC 54 west of third Saturda\' after rhanksgiving Day in Raleigh and 70 east of Raleigh. the following counties and parts of coun- US Deer of Either Sex. Deer of either sex ties: (2) may be taken during the open seasons and in the counties and portions of counties Ak Allcdiai listed below: Ashe Cat;i\\ba (.A) either-sex deer dates Avery- CkiN The open hunting Buncombe Clc\cland established by the U.S. Fish and Wildlife Burke Graham Service during the period from the first CaldweU Ha\"wood Saturday in October to Januar>- 1 in those Cherokee Henderson parts of Hyde and Washington CAUinties L:>a\ie I'OrsMh known as the Fungo National Wildlife Ciaston IrcdcU Refuge, in those parts of Camden. Gates Jackson Folk and Pasquotank Counties known as the Lincoln Stokes Dismal Swamp NalicMial Wildlife Refuge, Surr\' \\';itaui;a and ui that part ot Curriluck Count\- Wilkes Yadkin known as the Macka\ Uland National Macon Ruthertbrd Wildlife Refuge.

9CA> SORTH CAROLI\A REGISTER PROPOSED RULES

(B) The open either-sex deer hunting dates except for the Cowan's F'ord Waterfowl established by the appropriate military Refuge.

commands during the period from Mon- Moore : That part north ef -NG 3447 ^*- day on or nearest October 15 to January eept' gamo lando.

1 in that part of Brunswick County Nash: That part south of US 64. known as the Sunny Point Military Ocean Rowan: That part north ef i-^ aft4 west Terminal, in that part of Craven County of US 52, except game lands. known and marked as Cherry Point Ma- Wake: That part south of NC 54 west of rine Base, in that part of Onslow County Raleigh and south of US 70 east of known and marked as the Camp Lcjeune Raleigh. Marine Base, on Fort Bragg Military Washington: That part east of NC 32 and Reservation, and on Camp MackaU Mili- south of US 64. tary' Reservation. Wayne: That part north of US 70. (C) The open either-sex deer hunting dates (G) Wednesday and 1 hursday of the week established by the U.S. Fish and Wildlife following Thanksgiving in aU of Camden, Service during the period from the .Mon- Dare, Iredell and Surry Counties and in day on or nearest October 15 to January the foUowing parts of counties:

' 1 ift thor. parts »f Camdtfn, i aft4 o Gute yVlexander: All of the county except game ' Pa^ i quotunk Countit- ti known a* t+w* Difi lands.

mal- S'.vamp Naticinal WildlilL' Rofugo. in Davie: /Ml of the county except game those parts of Anson and Richmond lands. Counties known as the Pee Dee National Moore: That part north of NC 211. ex- WUdlife Refuge. aft4 m that- Pth4 ef cept game lands. Currituck County kno>vn a* t4w Mackay Pamlico: AH- ef the county excopt game

F i land National Wildlife R e fug i* . landfi. (D) Third Saturday in October for youth Pafi quotank: Ail ef tl*e county e xcept either sex deer hunting by permit only on Dii . mal Swamp National Wildlife Ruf a designated portion of Belews Creek Steam Station in Stokes County. Scotland: 1 hat part north of US 74, ex- (E) The second Saturday in December in cept game lands. all of Buncombe, Ha>"wood, Henderson,

' Robcion: That part east »f a . Madison, Polk, and Transylvania Coun- boundar formod b¥ S«- 44W4t >;G 44t ^^^ ties. ^ (F) Wednesday of the week foUowing SRr 443a,'|yR iii&, >^ +441 aft4 ;ve 44. Thanksgiving in aU of Catawba, Stokes: All of the county except game Cleveland, Forsylh, Greene, Rutherford, lands. and Wilson Counties; and in the following Tyrrell: That part south of US 64. parts of Counties: Wilkes: All of the county except game /Vlleghany: AW of the county except game lands. lands. (11) Wednesday to Saturday of the week Ashe: /VU of the county except game following Thanksgiving in all of lands. Alamance, Caswell, Chatham, Durham, Burke: /'Ml of the county except game Franklin, Granville, Lee, Orange, lands. Pasquotank, Person, Rockingham and Caldwell: All of the county except game Vance Counties and in the following parts lands. of counties: Cumberland: That part south of SR Columbus: That part west of a line 1709, west of SR 1802, west of US 301 formed by US 74, SR 1005, and SR and east of the Cape Fear River. 1125. Davidson: That part north of 1-85, except Cumberland: That part east of 1-95 and game lands. south of NC 24. Johnston: That part north of US 70 and (Ainilucli: All t4" tl^e ccninty except the

west of 1-95. OutL'r Banlc. aH4 ih^ Mackay Ir. land McDovvcU: All of the county except National Wildlife Pvcfuge. game lands. Edgecombe: That part south of US 64. Mecklenburg: That part west of 1-77, Guilford: That part north of a boundary south of NC 7.^, east of the Catawba fonncd by 1-40 and 1-85. River, and north of NC 16 and SR 2004 Lenoir: That part west of NC 11.

NORTH CAROLINA REGISTER 906 .

PROPOSED RULES

Moore: That part south of NC 211, ex- Montgomer\': All of the county except cept game lands. on game lands. Nash: That part north of IS 64. Pamlico: All of the county except on Perquimans: That part south of US 17 game lands.

and east of Perquimans Ri\'er. New Hanover: I hat part north »f 4-^ l-\r Randolph: That part south of L"S 64 and Onslow: AU- t4 the county except game west of US 220, except on game lands. lands. Richmond: That part east of Uittle River, Perquimans: All ef i^ county e xc e pt except game lands. Robeson: That part east of a fote formed Perquimans Rivor. J*y ^R. m^ \-^ iU4^ a«4 \-^>. Richmond: Ihat part west of Little Stanly: That part w^^ »f >rG ^ aft4 Ri\er. except Pt»<# ©ee National

' Wildlife Refuge. south e4~ >^ 3 1 27. All of the countv exccpt that part east of US 52 and north Rowan: That part south i*l L-^ aR4 east of NC 24-27. of US 52, except on game lands. Wake: That part north of NC 54 west of Sampson: That part south of NC 24. Stanly: That part east of 52 and Raleigh and north of US 70 east of NC 24-27 except lands. Raleigh. north of NC game Washington: That part west of NC 32 \\'(i !' hington: That f»ai4 \\

'j' ' BniD i i ick: I hat fMrt north aftti tw-4- e4 [^iver Wetlands. a Ufti* lorm ed W l-S- 4^ XG 544-r aft4 Bladen: /VU of the county except game

A^ Lock' i vood Folly R.i'ie r. lands. Cabarrus: That part east of L S 52. Chowan: That part south of US 17. Carteret: All of the county except game Columbus: Ihat part east of a line lands. formed bv US 74, SR 1005, and SR Chowan: That part north of IS 17. 1125. Columbus: 44»4- part e**t- e4' t-S W^ XG Craven: All of the county except game 440, S* U4^ ^^ +444t ^4^ 4440. ^* lands. ++4X i* +444X rtH4 ivRr 4+U4. Duplin: All of the count\' except game

Crayon: Att t+f tl+e count' , except name lands. krt4-^ Edgecombe: Ihat part north of L S 64. Currituck: All of the countv except the Gates: AH el tl*e county except Dismal

Outer Banks. Si-vainp National U'ildlife Refuge. Da\"idson: That part south of I-S5. except Halifax: AH of the count\- except on game lands. Roanoke Ri\er Wetlantls.

FdgL' combe: Ihat part north t4 4-4v «*4t Jones: .Ml ot the county except game

' llydc : Att t4' (4*e county e xc ept Pungo lands.

National Wildlife.' Refuge. Lenoir: That part east of NC 1 1 Johnston: That part south of US 70 and NL^rtin: All of the count\ except east of 1-^5. Ro;inoke Ri\er WetLuKL.

Jones: A14- p4 At» county exc<^ pt uam e New lLino\er: ihat part north of US 74. lands. Onslow: .All of the county except game

Le noir: Ihat part e«rt sdi rv(4 44-7 lands.

W SORTH CAROl.IXA REGISTER PROPOSED RULES

Pender: All of the county except game (B) It is unlawful to carry any type of lands. firearm while hunting with a bow during Perquimans: All of the county except the bow and arrow deer hunting season. that part south of US 17 and east of the (C) Only bows and arrows of the types au- Perquimans River. thorized in 15A NCAC lOB .0116 for (3) Game Lands Either-Sex Hunts. On the taking deer may be used during the bow hunt dates indicated, deer of either sex and arrow deer hunting season. may be taken by pennittees engaged in (d) Open Seasons (Muzzle-Loading Rifles and managed hunts conducted on game lands Shotguns) in accordance with 15A NCAC lOD (1) Authorization. Subject to the restrictions .0003(d)(4) (^ set out in Subparagraph (2) of this Para- (c) Open Seasons (Bow and Arrow) graph, deer may be taken only with (1) Authorization. Subject to the restrictions muzzle-loading firearms during the fol- set out in Subparagraph (3) of this Para- lowing seasons: graph and the bag limits set out in Para- (A) Monday on or nearest October 8 to the graph (c) of this Rule (and except where following Saturday in the counties and prohibited by local law), deer of either sex parts of counties having the open seasons may be taken with bow and arrow during for male deer specified by Items (A) and the following seasons: fQ (B) of Subparagraph (b)(1) of this (A) Monday on or nearest September 10 to Rule, except on Sandhills Game Land. the fourth Saturday thereafter in the f8) Monday te Saturday ef the week pfe-

counties and parts of counties having the ceding I'hankogi'i ing week ift the countieo

open season for male deer specified by aft4 parts ©f oountion bail ing the open

Part (A) of Subparagraph (b)(1) of this s eaf. ons fof mal e deef r. peoifiod by- It em Rule, except on the Sandhills Game Land. f&) ©f Subparagraph (b)(1) ef tte Rule. (B) Monday to Saturday of the second (-&^ Monday ett ef noaroi . t Septombor -W te fG)

'. week before Thanksgiving week in the t4*e f. L'cond Saturday before Thank giving counties and parts of counties having the m t4ie oountioo aftd paita ef oountioLi huv open season for male deer specified by ' ' iftg the open r. L a . . onfi ftw male doer lipeci Part (C} of Subparagraph (b)( 1) of this fted by i^ttrt (4^ »f Subparagraph (b)(1) © Rule, and on Sandhills Land. ef A» Rulo. Game Restrictions (B) fG) Monday on or nearest September (2) (A) Only male deer with visible antlers may 10 to the fourth Saturday thereafter, and be taken during the muzzle-loading Monday on or nearest October 15 to the firearms seasons except that: Saturday before Thanksgiving in the (i) On the last day of the established counties and parts of counties having the muzzle-loading firearms season a maxi- open seasons for male deer specified by mum of two antlerlcss deer may be Part fe> [B] of Subparagraph (b)(1) of substituted for an equal number of this Rule, e xcept vpt ')'ancey (bounty. antlcred deer when taken in that part (C) f©^ Monday on or nearest September of any county listed below that has an 10 to the third Saturday before Thanks- established gun either-sex deer season. giving in the counties and parts of coun- /Vlexander Cleveland ties having the open season for male deer Alleghany Davie specified by Part i^ (C| of Subparagraph Ashe Fors\lh (b)(1) of this Rule, Sandhills and on Burke Iredell Game Land. Caldwell Mecklenburg {i^ ^"ance y County Catawba McDoweU (-rVf Monday &« &f neare '. t September -l-Q te- Rutherford Stokes t+w ft)urtli Saturday thereafter fof untlered Surry Wilkes

fcktf only. (ii) In those areas with an established gun

(-ft) Monday eft 6>f nearer. t October 44 t» either-sex deer season in counties or

the Saturday before ThanliL. gi'i uig fof deep parts of counties hstcd in Paragraph wf either sesr (b)(1)(A) or (-Df (Cj of this Rule a (2| (4f Restrictions maximum of two antlerless deer may (A) Dogs may not be used for hunting deer be substituted for an equal number of during the bow and arrow season. antlercd deer and one additional

NORTH CAROL INA REGIS TER 90S PROPOSED RULES

' antlerless deer is permitted without .McDowell, Mitchell, Qnolo'i i ', Orange, Person, substitution. Rockingham, Scotland, and in the foUovving (B) Dogs may not be used for hunting deer portions of counties: during the muzzle-loading firearms sea- Alamance: AH of the county except that part sons. south of 1-85 and west of NC 87. (C) Pistols may not be carried while hunt- Anson: That part east of US 52 and north of ing deer during the muzzle-loading US 74. firearms seasons. Bladen: Att (4 tl^ county oxcopt Aa* part (e) Ba2 Limits bounded t*» A^ "A-e** t»r trS- ^u+r e«- tb*

( ) .Male Deer With Visible .\ntlers. Daily, aft4 1 e*+ hf 344t e» A^ oouth by N4^ ^ two; possession, two: four: season, four, S4^ 1730, *r4 4*t» Columbuo ('ounty foer one of the four male deer with visible That part south of NC 701 and east of a antlers is required to ha\e a minimum of Ime formed bv NC 210, NC 53, SR 1730~ four points on one main antler beam. Brunswick: 1 hat part north of US 74-76. (2| Antlerless Deer. Where antlerless deer Burke: That part north of 1-40. may be lawfully taken, a maximum of two Caldwell: That part west of US 321. antlerless deer may be substituted for an Carteret: That part west of US 70 and north equal number of antlered deer in the limits of NC 24. contained in Subparagraph (1) of this Chatham: That part north and west of US 1. Paragraph. Antlerless deer include males Chowan: That part south of US 17. with knobs or buttons covered by skin or Columbus: That part south of US 74 and west velvet as distinguished from spikes of NC 410 and that part north of NC 87. protruding through the skin. Cra\en: That part west of L S 70, and south (3) Managed Game Land Hunts. Lxclud e d of SR 4+007 1101. from In addition to the poo ^' iJO 'jiQn a«4 Guilford: That part north of a boundan,' season Umits set forth in Subparagraphs formed by 1-85 and 1-40. (1) and (2) of this Paragraph one addi- Halifax: That part north of NC 903 and east tional either sex deer is permitted when of 1-95. afe cWf t4' LMthcr ^r** taken h\ permittees

' Ila;i "vvood: "I hut fKirt nortli b4 I 10. engaged in managed hunts conducted on Henderson: I'hat part west of 1-26. same lands in accordance with 1 5.A Hoke: That part south and west of NC 211. NCAC KID .0003(d)(4) and (5), such deer Jackson: That part south of US 74 except the being in addition to the specific pQOi.e Li tion portion the ni^rtli bv 2S1, aft4 season limits set out in this Para- bounded on NC graph. on the west bv NC 107, and on the south bv (4) In those areas with an established gun US 64_ either-sex deer season in counties and Johnston: Ihat part south of US 70 and 1-95 parts of counties hsted in Paragraph and east of US 701. (b)(1)(A) or f4^ [Cj of this Kuh, one Jonoo: T4»t- prtrt faiuth trf ^^ 4+0^ aft4 Xe

additional antlerless deer is permitted ^ *«• Mayr. sill e tt«4 t»*4 »f t* 4^ without substitution when taken during a Madison: .All of the county except that part gun either-sex, bow and arrow or muzzle- north of NC 208, NC 212 and SR 1434. loading firearms season. Martin: Ihat part north of a boundarv' formed

(f) Kill Reports. The carcass of each deer shall by US 64 from the Washington County be taaaed and the kill reported as provided by line to Williamston, north of NC 125 15A NCAC lOB .0113. from Williamston to the junction with NC 142, and north of NC 142 to the Statiuon Authority G.S. J/3-134; 113-270.3; Edgecombe County line. 113-2^6.1; 1 13-291.1; 113-291.2. Montgomer.': That part south of NC 24-27. Northampton: That part south of a boundarv" .0209 WILD Tl RKE^ (BEARDED TLRKE^S formed by US 158 from the Halifax ON [A) County line to Jackson, NC 305 from (a) Open Season: Second Saturday in April to Jackson to Rich Square. L'S 258 from Saturday of the fourth week thereafter on Rich Square to NC 308. and NC 308 to bearded turkeys in the following counties: the Bertie County line. .-\lleghan\'. Ashe, Bertie. Buncombe, Burko, Onslow: .All of the count\- except that part Caswell. Cherokee. Clay. Durham. Graham, eas^ of a line formed bv US P_ SR 14.U Grans'iUe, Ha\^vood. Ihde, Jackson. .Macon, and SR 1442.

909 NORTH CAROLINA REGISTER PROPOSED RULES

Pender: That part west of US 421. from Ae (1) Genera] Trout Waters. The general pubhc Sampson County fee te- NC ^W aft4 mountain trout waters which are not lo-

.-^..t, o.^^ vr^ 1 TT tu^ v'^.., nf v^ Tin ttk cated on game lands are designated in this Hanover County lifter Subparagraph under the counties where Perquimans: That part south of US 17. located. Indentation indicates the Richmond: That part north of US 74. watercourse named is tributary to the next Robeson: That part east of 1-95 and south of preceding watercourse named and not so US 74. indented. The designation applies to the Surry: That part west of 1-77. entire watercourse or impoundment Swain: /Vll of the county except that part named except as otherwise indicated in south of US 19 and west of NC 28. parentheses following the name. Other Transylvania: All of the county except that clarifying information may also be in- part west of US 178, and south of US 64. cluded parenthetically: Watauga: That part north and east of US 434t (H) Clay County: 321. Iliwassee River (not trout water) Wilkes: That part north of t^S 44+r NC 268. Fires Creek (bear sanctuary line to SR Yancey: AU of the county except that part 1300) bounded on the west by NC 197, on the Tusquitee Creek (headwaters to lower north by US 19E, and on the east by NC bndge on SR 1300) 80. Tuni Creek **The Sandhills Game Land in Richmond, Shooting Creek (headwaters to US 64 Scotland, and Moore Counties and the Roanoke bndge at SR 1338) River Wetlands in Bertie, Hahfax, and Martin Hothouse Creek Counties are closed to turkey hunting except by Vineyard Creek holders of special permits authorizing turkey Littlo TonnL'fi'. L' o Ri^cr fftot- trout wat e r) hunting. Such permits are issued by authorized Nantahalu Risfr (Roaring Fork to a.Kif. t representatives of the Wildlife Resources Com- iftg Nantahula I oka wator Il' ^'oI) mission. Note: See Part ^ Subparagraph (-3^ »f Ais I^ara (b) Bag Limits: Daily, one; possession, two; graph fa^ fsf lioanonal designation of a portion season, two. ef Nantahala Rivor as native trout wat er. (c) Dogs Prohibited. It is unlawful to use dogs (M) Macon County: for hunting turkeys. Little Tennessee River (not trout water)

(d) Kill Reports. The carcass of each wild Nantahala River (lower) (I-loaring Fork turkey shall be tagged and the kill reported as (Nantahala Dam to Swain County line provided by 15A NCAC lOB .0113. on US 19) Queens Creek Lake Statutory Authority G.S. 113-134: 113-270.3; Roaring Fork Creek (US Forest Service 1 1 3-276.1; 1 13-291.2. property line to mouth) Bumingtown Creek SI BCHAPTKR IOC - IM AND FISHING Cullasaja River (Sequoah Dam to US 64 REGLLAIIONS bridge near junction of SR 1672) EUijay Creek (except where posted SECTION .0200 - GENERAL REGL'LATIONS against trespass) Mirror Lake .0205 PUBLIC MOLNTAIN 1 ROLT WATERS Cartoogechaye Creek (US 64 bridge to (a) Designation of PubHc Mountain Trout Little Tennessee River) Waters. On game lands located in western North Tessentee Creek (Nichols Branch to Carolina certain waters are classified and designated as public mountain trout waters. Those Little not further specifically classified as native trout Tennessee River, except where posted waters are classified as general trout waters. (See against trespassing) 15A NCAC lOD .0004) Other streams, portions Savannah River (not tr(5ut water) of streams, and bodies of water which are not Big Creek (base of falls to Georgia State located on game lands are designated within this line) Rule as public mountain trout waters and are Note: See Part I7 Subparagraph (-3^ ef tl«s Para classified as general or native trout waters. These graph (*) f»f r. uar. onal dosignalion ef a portion

' waters are posted and lists thereof are filed with »f Nantahala Riv e r as nativ e trout ivatur. the clerks of superior court of the counties in (T) Surry County: which they are located: Yadkin River (not trout water)

NORTH CAROLIN.4 REGISTER 910 )

PROPOSED RULES

Ararat River (not trout ualer) (Virginia of sunfish, perch and pickerel not specifically

StatL' UfH» k> .lohnr. on Oe ek) listed in tliis Rule. Little l-'isher River (Virginia State line to NC 89 bridge) Statutory^ Authority G.S. 113-129: 113-134. Cooper Creek Mcrritt Creek .0305 OPEN SEASONS: CREEL AND SIZE LIMITS Pauls Creek (Virginia State line to SR (a) Generally. Subject to the exceptions listed 1625) in Paragraph (b) of this Rule, the open seasons (2) Native Trout Waters. The native trout and creel and size limits are as indicated in the waters which are not located on game following table: lands are designated in this Subparagraph under the counties where located: DAILY CREEL (J-^ Cluy c*ft4 Macon Countie 'j. Ihat per GAME FISHES LIMITS tieft ef ti*e Nuntuhala Risor locat ed Hf- btroam from Nantahala Lake a«4 ali Mountain Irout

tributarior. (excluding impoundmonto) (AU Species) (excptn. 3) ' ' I 'hich ttft* doLiigiKitod r^ gononil trout ¥r«-

t<*f tft Fart '. (444- ci«4 (-M-^ trf Subparagraph

(-I") b4-" t-fe Puragidph fa-^ afe rodor. ignatod nutivo trout water dining Ar' period fro rn Junuapy 4- k+ tW reopening t4 the ge ne ral

trout ^ . eaiion » the Spring, wni I ' hull Fe-

main general trout ' ' iiter during Ae brti- Muskellunge cmce f4" tfee vear. and Tiger Musky

Statutory Authority 113-134: 113-272; G.S. Chain Pickerel None 3-292. J / (Jack) (excptn. 44

SECTION .0300 - GAMK HSU Walleye (excptn. 9 .0301 INL.VND GAME FISHES DESIGNATED and 10) The following fishes are classified and designated as inland game fishes: Sauger (1) mountain trout, all species including but not limited to rainbow, steelhead, golden, Black Bass: and brook trout; brown Largemouth 8 (2) muskellunge and tiger muskie; (excptn. 8 pickerel (3) chain (jack); and 10) (4) walleye; (5) black bass, including spotted, smallmouth Smallmouth 8 and largcmouth bass; and Spotted (excptn. 8 (6) white bass; and 10) (7) spotted sea trout (speckled trout), when found in inland fishing waters; Wliite Bass 25

(8) flounder, when found in inland fishing (excptn. 4-^ waters; (9) red diiim (channel bass, red fish, puppv Sea Trout (Spot- None daim). u hen found m inland lishing waters; ted or Speckled) (10) (-Vf stnped bass and Morone Inbnds (striped bass-white bass), when found in in- Flounder None land fishing waters; (11) (-O4 kokanee salmon; Red drum (channel None (12) (4-(^ Panfishcs. including as a group, white bass, red fish. perch and yellow perch (when tbund in in- pupp\ drum land fishing waters), crappie, warmouth, redbreast or robin, bluegill or bream, rock Striped Bass 8 aggregate

bass, redeye, sauger, and all other species and their h\ brids (e.\c. 1 and 6)

911 NORTH CAROLINA REGISTER PROPOSED RULES

(Morone Hybrids) None ALL YEAR (excptn. 5) Kokanee Salmon None ALL YEAR Panfishes None (excptn. 7) (e.xcptn. 5) (b) Exceptions FISHES None NOXGAME (6) III the inland fishing waters of the coastal rivers and their tributaries extending up- MINIMUM OPEN SEASON stream to the first impoundment, or to the SIZE LIMHS (EXCPTN. 2) headwaters, if unimpounded, the daily creel limit for stnped bass and their hy- None All year, e.xcept brids is three fish, except from April ]_ to (excptn. .March 1 to 3) 1/2 May 31 the dail\' creel limit is four fish hr. before and no fish between the lengths of 22 sunrise on inches and 27 inches may be retained. first Saturday (7) See 15A NCAC lUC .0407 for open sea- in April sons for taking nongame fishes by special (excptns. 2 and 3) devices. (8) The maximum combined number of 30 in. ALL YEAR black bass of all species that may be retained is eight fish, no more than two of which may be smaller than the applicable None ALL YEAR minimum sLie limit. 1 he minimum size limit for all species of black bass is 44 14 inches, with no exception in Lake Luke None ALL YEAR -Marion in .Moore (,'ount\', in Reed\' (excptn. 9) Creek Park lakes in .Mecklenburg County, and in Currituck Sound and tributaries north of \\'right Memorial Bridge: in 15 in. ALL YEAR North River ind tributaries m Currituck and Camden Counties north of a line between Camden Point and the end of SR

14 in. ALL YEAR 1124. »fi4 ift In and west of Madison, (excptns. 4, Buncombe, Henderson and Polk Coun- 8 and 11) ties the minimum si/e limit is V2 inches. In B. L\erett Jordan Reservoir a daily 12 in. ALL YEAR creel limit of four fish and a minimum size (excptns. 4, limit of 16 inches, with no exception, ap- 8 and 1 1) ply to largemouth bass. In Falls of Neuse Reser\-oir, east of SR 1004, Sutton Lake None ALL YEAR and Tuckertown Lake the daily creel limit

for black bass is four fish, no black bass between the lengths of 12 inches and 16 N(tnL> 12 in. ALL ^ EAR inches may be retained, and the minimum size limit for black bass is 16 inches, except that the daily creel may contain two n in_ AI L YEAR black bass of less than 12 inches in length.

14 in. Al 1 'I 1 AR In John II. Kerr Reservoir and Lake Gaston the black bass daih' creel Umit is

'. »f five fish, hall appK k+ black baf. s,

' ' provided rfwri- t-hi-. limit . i hall bL com e ef-

16 in. ALL YEAR fectiiie only V i hon a«4 tf t4+i^ Stal e &f

- (exc. 1 and 12) Virginia impOL ^ o j » Itk* crool limit fof

black ba«i talion from thor. o

impoundmont ' i. hi \Y Kerr Scott Reser-

None ALL YEAR voir there is no minimum size Imiit for spotted bass.

NORTH CAROLINA REGISTER 912 PROPOSED RULES

(a) December 1 to June 5 with dip, bow and Statutoiy Authoritv G.S. 113-134; 113-292: gill nets in all inland pubhc waters; 113-304: 113-305. (4*4 Persons owning property adjacent to tb# inland fishing waters »f Dawson Creek SECTION .0400 - NONGAME FISH »fi4 Tarkiln Creek a«* permitted i» set-

.0404 SPECIAL DEVICE FISHING property aftd set- subject te- special dosico

(b) Nets. Manually operated nets, including lic e nse requirements; seines and bow, cast, dip, gill, drift and fyke nets may be used under the special device fishing li- Statuton' Authority G.S. 113-134: 113-276; cense. 113-292. (1) No fi.xed or giU net or other stationan,' net which may be authorized as a special SLBCHAPTER lOD - GAME LANDS REGLL.\TIONS fishing device may be more than 100 yards in length, nor shall any such net be placed .0002 GENERAL REGULATIONS REGARDING within 50 yards of any other fixed net. LSE set that Fixed nets must be so they run (f) Trapping. Subject to the restrictions con- parallel to the nearest shoreline, except in tained in 15A NCAC 1 OB .01 10, .0302 and .0303, the Neuse. Trent. Northeast Cape Fear. trapping of furbearing animals is permitted on Cape Fear, and Black Rivers and their game lands during the applicable open seasons, tributaries. >^ anchored Bf tlxod eli Ht»4- except that trapping is prohibited:

' '- .' • &f lipift H#4- r. hall b^ U K'd unk ; :. juch Fh4- (1) on the field trial course of the Sandhills it. marlcLid A+f A# protection ef boat ep- Game Land;

. ;i crutorr . A Ht4 hdil b^ doL'mod -r^ murkod (2) on the Harmon Den and Sherwood bear

whun thoro » attached te it- at- oach eH4 a sanctuaries in Hax'wood County:

floating plar. tic j«s 9* otiior floating objoct (3) in posted "safety zones" located on any

' Ht+t- k^* than 5+* inchL'i . » rt* ^i inallo jt 4i- game land;

' ' ' '. . '. (with mon ion . I'loat : inarkinu t4+e L nd ;. hull (4) b\ the use of multiple sets anchors

' ' ' less 15 feet apart) bait the Na- . or on be colored vhitij. Gki jii float :. aft4 metal than cans may set- be used. A net shall be tional Forest Lands bounded by the Blue deemed so marked when there is attached Ridge Parkway on the south, L'S 276 on the north and east, and 215 on the to it_ a[ each end two separate \ellow NC buoNs which shall be of solid foam or west; the other solid buoyant material no less than (5) on that portion of Butner-FaUs of Neuse Lands marked as the Penny ti\e inches in its smalk'st dimensions. All Game Bend Rabbit Research area; nets shall be affixed with a tat; upon which (6) on Cowan's Ford Waterfowl Refuge in the (HMiers name and address is legibh' Gaston, Lincoln and .Mecklenburg Coun- and indeliblv inscribed. ties; (e) Crab pots. Persons owning property adja- (7) on the Hunting Creek Swamp Watertbwl cent to the inland fishing waters of coastal ri\crs Refuge. and their tnbutanes are permitted to set two crab On those areas of state-o\\ ned land known col- pots to be attached to their property and not lectively as the Roanoke River Wetlands and subject to special de\ice license requirements. mcluding the Broadneck, Company Swamp, Conine Island, Speller-Outlaw and I'rquhart Statuton Aut/wriiv G.S. J 13-/34: 1 13-272.2: ' tracts, controlled trapping is allowed under a 13-27-6: 3-292. / // permit s\stem. For information contact the Di- vision of Wildlife Management of the Wildlife .0407 PERMUTED SPECIAL DEMCES .\ND Resources Commission. OPEN SEASONS Fxcept in designated public mountain trout Statuton Authoritv G.S. 113-134: 113-264; waters, and in impounded waters located on the 113-270.3: 113-291.2: 113-291.5: 113-305; Sandhills Game Land, there is a year-round open 113-306. season for the licensed taking of nongame fishes by bow and arrow. Seasons and waters in which .0003 HUNTING ON GAME LANDS the use of other special devices is authorized arc (a) Safety Requirements. No person whUe indicated by counties below: hunting on an\" designated game land shall be (67) P;milico: under the influence of alcohol or any narcotic

9/.? NORTH CAROLINA REGISTER PROPOSED RULES

drug, or fail to comply with special restrictions (2) Any game may be taken during the open regarding the use of the Blue Ridge Parkway seasons on the following game lands and

where it adjoins game lands listed in this Rule. hunting is limited to Mondays, Wednes- (b) Traffic Requirements. No person shall days, Saturdays and Thanksgiving, park a vehicle on game lands in such a manner Christmas and New Years Year's Days. as to block traffic or otherwise prevent vehicles In addition, deer may be taken with bow from using the roadway. and arrow on the opening day of the bow (c) (4*} Tree Stands. It is unlawful to erect or and arrow season for deer. Raccoon and to occupy, for the purpose of hunting, any tree opossum hunting may continue until 7:00 stand or platform attached by nails, screws, bolts a.m. on Tuesdays, untU 7:00 a.m. on or wire to a tree on any game land designated Thursdays, and until midnight on Satur- herein. This prohibition shall not apply to lag- days. Additional restrictions apply as in- screw steps or portable stands that are removed dicated in parentheses following specific after use with no metal left remaining in or at- designations: tached to the tree. Ashe County— Carson Woods Game Land Bertie (d) (e)- Time and Manner of Taking. Except County--Bertie County Game Lands where closed to hunting or limited to specific Bladen County-- Bladen I akes State Forest dates by these regulations, hunting on game lands Game Lands (Handguns may not be carried and, except for muzzle-loaders, rifles is permitted during the open season for the game larger than .22 caUber rimfire not be or furbearing species being hunted. On managed may used or possessed. On the Breece Tract waterfowl impoundments, hunters shall not enter and the Singletan,' Tract deer and bear the posted impoundment areas earher than 4:00 may be taken only by still hunting. Deer a.m. on the permitted hunting dates, and hunting of either sex may be taken on the first is prohibited after 1:00 p.m. on such hunting Wednesday after Thanksgiving and on the dates; decoys may not be set out prior to 4:00 second Saturday after Thanksgiving.) a.m. and must be remo\'cd by 3:00 p.m. each Caswell County--Caswell Game Land day. On Butner-Falls of Neuse, New Hope and (That part designated and posted as a Shearon Harris Game Lands waterfowl hunting "safety zone" is closed to all hunting and is prohibited after 1:00 p.m. on the open hunting trapping, and entry upon such area for days. No person shall operate any vessel or ve- any purpose, except by authorized per- hicle powered by an internal combustion engine sonnel in the performance of their duties, on a managed waterfowl impoundment. is prohibited. On areas posted as "re- No person shall attempt to obscure the sex or stricted zones" hunting is limited to bow age of any bird or animal taken by severing the and arrow.) head or any other part thereof, or possess any Catawba and Iredell Counties--Catawba bird or animal which has been so mutilated. Game Land (No deer may be taken from No person shall place, or cause to be placed on the tracts known as Island Point or any game land, salt, grain, fruit, or other foods Molly's Backbone.) without prior written authorization of the com- Lenoir County--H.M. Bizzell, Sr., Game mission or its agent and no person shall take or I and attempt to take any game birds or game animals Onslow County— White Oak River attracted to such foods. Impoundment Game Land (In addition No live wild animals or wild birds shall be re- to the dates above indicated, waterfowl moved from any game land. may be taken on the opening and closing (c) (-4^ Hunting Dates: days of the applicable waterfowl seasons.)

( ) Doves may be taken the following Pender County--Holly Shelter Land 1 on Game game lands and dove hunting is limited to (In addition to the dates above indicated, Mondays, Wednesdays, Saturdays and to waterfowl may be taken on the opening

Thanksgiving, Christmas and New Yu' iiro and closing days of the applicable Year's Days within the federally- waterfowl seasons. Deer of cither sex may announced season: be taken on the first Wednesday after Buncombe County- Browntown Farms Thanksgiving and on the second Saturday Game Land after Thanksgiving.) Guilford County--Guilford Count\' Farm Richmond, Scotland and Moore Counties-- Ciame Land Sandhnis Game Land (The regular gun Lenoir County— Caswell Farm Game Land season for deer consists of the open hunt- Wayne Countv--Chcrry Farm Game Land ing dates from the second Monday before

NORTH CAROLINA REGISTER 914 PROPOSED RULES

Thanksgiving to the third Saturday after days of the applicable waterfowl seasons; Thanksgiving except on the field trial except that outside the posted waterfowl grounds where the gun season is from the impoundments on Goose Creek Game second Monday before ThanksgivLng to L^nd hunting any waterfowl in season is the Saturday following Thanksgiving. permitted any week day during the last 10 Deer may be taken with bow and arrow days of the regular duck season as estab- on all open hunting dates during the bow lished by the U.S. Fish and WUdlife Ser- and arrow season, as well as during the vice; On the Pamlico Point, Campbell regular gun season. Deer may be taken Creek, and Spring Creek impoundments with muzzle-loading firearms on Monday, a special permit is required for hunting on Wednesday and Saturday of the second those opening and closing days of the week before Thanksgising week, and waterfowl season as well as on those Sat-

during the regular gun season. Except for urdays that fall after November 1 of the the deer seasons above indicated and the season and on Ihanksgiving Chriotmao, managed either-sex permit hunts, the field and New Year's day; trial grounds are closed to all hunting (E) On the posted waterfowl during the period October 22 to March impoundments of Gull Rock Game Land 31. In addition to the regular hunting hunting of any species of wildlife is limited days, waterfowl may be taken on the to Mondays, Wednesdays, Saturdays; opening and closing days of the applicable Thanksgiving, Christmas, and New Year's waterfowl seasons.) Wild turkey hunting Days; and the opening and closing days i^ bv permit onh". of the applicable waterfowl seasons; Robeson CQuntv--RuUard and Branch (F) On bear sanctuaries in and west of

Hunting Fresep.e (jame I and Madison, Buncombe, Henderson and Stokes County--Sauratown F'lantation Polk Counties dogs may not be trained Game Land or allowed to run unleashed between

"Yadkin County-- Huntsville Community March 1 and October 11; Fanns Game Land (G) On Butner-Falls of Neuse and Person (3) Any game may be taken on the following Game Lands waterfowl may be taken only game lands during the open season, except on Tuesdays, Thursdays and Saturdays, that: Christmas and New Year's Days, and on (A) Bears may not be taken on lands des- the opening and closing days of the ap- ignated and posted as bear sanctuaries; plicable waterfowl seasons; (B) Wild boar may not be taken with the (H) On /Vngola Bay, Croatan, Goose use of dogs on such bear sanctuaries, and Creek, Hofmann Forest and luscarora wild boar may be hunted only during the Game Lands deer of either sex may be bow and arrow seasons and the regular taken from the first Wednesday after gun season on male deer on bear sanctu- Thanksgiving through the following Sat- aries located in and west of the counties urday; of Madison, Buncombe, Henderson and (L) Horseback riding is allowed on the Polk; CasweU and Thurmond Chatham game (C) On game lands open to deer hunting lands only during June, July, and August located in or west of the counties of and on Sundays during the remainder of Rockingham, Guilford, Randolph, the year except during open turkey and Montgomery' and Anson, dogs may not deer seasons. Horseback riding is allowed be used for any hunting (day or niglit) only on roads opened to vehicular traffic.

during the regular season for hunting deer Participants must obtain a game lands li- with guns; except that small game may be cense prior to engaging in such acti\'ity; hunted with dogs in season on aU game (J) On the posted waterfowl impoundments lands, other than bear sanctuaries, in the on the New Hope and Butner-lalls o| counties of Cherokee, Clay. Jackson, Neuse game lands a special pennit is re- Macon, Madison, Polk and Swain; quired for all uateri'owl hunting. (D) On Croatan, Goose Creek, New Mope (K) (J-^ .Additional restnctions or modifica- and Shearon Harris Game Lands tions apply as indicated in parentheses waterfowl may be taken only on Mon- following specific designations: days, Wednesdays, Saturdays; on ,\lexander and CaldueU Counties-- Brushy Thanksgiving, Christmas and New ^'ear's Mountains Game Lands Days; and on the opening and closing Anson Countv--Anson Game Land

91 > NORTH CAROLINA REGISTER PROPOSED RULES

Ashe County— Bluff iMountain Game Lands sons. It is unlawful to train dogs or aUow Ashe County—Cherokee Game lands dogs to run unleased on any game land in

Ashe and Watauga Counties— Elk Knob Graham County between March 1 and Game Land October 11.) Avery, Buncombe, Burke, Caldwell, Chowan County--Chowan Game Land Haywood, Henderson, Jackson, Madison, Chowan County--Chovvan Swamp Game McDowell, Mitchell, Transylvania, Land Watauga and Yancey Counties— Pisgah Cleveland County--Gardner-Webb Game Game Lands (Harmon Den and Land Sherwood Bear Sanctuaries in Haywood Craven County--Neuse River Game Land County are closed to hunting raccoon, Craven County—Tuscarora Game Land opossum and wildcat. Training raccoon Currituck County— North River Game Land and opossum dogs is prohibited from Currituck County--Northwest River Marsh

March 1 to October 1 1 in that part of Game Land Madison County north of the French Dare County--Dare Game Land (No hunt- Broad River, south of US 25-70 and west ing on posted parts of bombing range.) ofSR 1319.) Davidson, Davie and Rowan Counties-- Beaufort, Bertie and Washington Counties- Alcoa Game Land - Bachelor Bay Game Lands Davidson County- -Linwood Game Land Beaufort and Pamlico Counties— Goose Davidson, Montgomery, Randolph and Creek Game Land Stanly Counties--L'wharrie Game Land Brunswick County— Green Swamp Game Duplin and Pender Counties--Angola Bay Land Game Land Burke County— South Mountains Game Durham, Granville and Wake Counties-- Lands Butner-Falls of Neuse Game Land (On Burke, McDowell and Rutherford portions of the Butner- Falls of Neuse Counties— Dysartsville Game Lands Game Land designated and posted as CaldweU County— Yadkin Game Land "safety zones" and on that part marked Carteret, Craven and Jones Counties-- as the Penny Bend Rabbit Research ,Area Croatan Game Lands (It is unlawful to no hunting is permitted. On portions train dogs or allow dogs to nm unleashed posted as "restricted zones" hunting is between July during the March J_ and 31) limited to bow and arrow bow Chatham County— Chatham Game Land and arrow season and the regular gun Chatham, Durham, Orange, and Wake season for deer.) Counties— New Hope Game I^ands Franklin County- -Franklin Game Lands Chatham and Wake Counties-Shearon Gates County--Chowan Swamp Game Harris Game Land Land Cherokee, Clay, Graham, Jackson, Macon, Granville County- -Granville Game Lands Swain and I'ransylvania Counties-- Halifax County-- Halifax Game Land Nantahala Game Lands (It is unlawful to Flenderson, Polk and Rutherford Counties- take or hunt deer on Fires Creek Bear -Green River Game Lands Sanctuary. Raccoon and opossum may Hyde County--Gull Rock Game Land be hunted only from sunset Friday until Hyde County-- Pungo River Game Land sunrise on Saturday and from sunset until Hyde and Tyrrell Counties— New Lake 12:00 midnight on Saturday on Fires Game Land Creek Bear Sanctuary in Clay County and Jones and Onslow Counties--IIofmann in that part of Cherokee County north of Forest Game Land US 64 and NC 294, east of Persimmon Lee County— Lee Game Land Creek and Hiwassee Lake, south of McDowell County-- Hickory Nut Mountain Hiwassce Lake and west of Nottcly River; Game Land in the same part of Cherokee County dog Moore County-- Moore Ciame Land

training is prohibited from .March 1 to New Hanover County--Catfish Lake Game October 11. It is unlawful to train dogs Land or allow dogs to run unleashed on Fires Orange County--Orange Game Land Creek Bear Sanctuary at any time, except Person County-- Person Game Land

that dogs may be used when hunting Transylvania County-- Toxaway Game I and raccoon or opossum and for hunting Vance County—Vance Game Land grouse and rabbits during the open sea- Warren County--Warrcn Game Lands

NORTH CAROLINA REGISTER 916 PROPOSED RULES

WiJkes County--Thurmond Chatham Game Conine Island, Speller-Outlaw and Land Urquhart tracts (controUed hunting is (4) Deer of either sex may be taken on the scheduled and allowed by permit only. hunt dates indicated by holders of permits Interested persons should contact the Di- to participate in managed hunts scheduled vision of Wildlife Management of the and conducted in accordance with this Wildlife Resources Commission at the Subparagraph on the game lands or Archdale Building, 512 N. Salisbury portions of game lands included in the Street, Raleigh, North Carolina 27611.) following schedule: Caswell County--Caswell Game Land (That

' i designated as a "Safety Wodnc - day aft4 IhurLiday Friday and Sat- portion and posted urday of the first week after Thanksgiving Zone") Week: Dare County— Dare Game Lands (Those Uwharrie and Alcoa southeast of NC 49 parts of bombing range posted against hunting) Third Saturday aftef Thankfi giving Day:

- Davie--! lunting Creek Waterfowl Car '. nn \\"o(^d j Swamp 1 hurmond Chatham Refuge Thursday and Friday of the third week be- Gaston, Lincoln and Mecklenburg Counties--Cowan's Waterfowl Ref- fore after Thanksgiving Week: Ford uge (except for youth either-sex deer Sandhills east of US 1 hunts by permit only on the first and sec- Sandhills west of US I ond Saturdays in October). Fourth Saturday after rhanksgi\ing Day: Carson Woods Statutory Authority G.S. 113-134; 113-264: Dysarts\ille m McDoweU County 113-291'. 2; ll3-29l'.5; 113-305. IIickor\'nut Mountain in McDowell County .0004 FISHING ON G.WIE L.\NDS Pisgah in Avery County (a) Generally. E.xcept as otherwise indicated Pisgah in Burke County herem, fishing on game lands which are open to Pisgah in Caldwell County fishing shall be in accordance with the statewide Pisgah in McDowell County regulations. All game lands are open to pubhc Pisgah in "^'ancey County north of US fishing except restocked ponds on the New I lope 19-19E Game I^nd when posted against fishing. Hunt- South Mountains ing Creek Swamp Waterfowl Refuge. Grogan Thunnond Chatham Creek m Transylvania County, and m the case I'ifth Saturday after Thanksa\ing Day: of private ponds where fishing may be prohibited Ihurmond (Chatham by the owners thereof. No trotline or set-hook Application forms for pennits to participate nor any net, trap, gig, bow and arrow or other in managed deer hunts on game lands, to- special fishing device of a type mentioned in 15A gether with pertinent information and in- NCAC IOC .0403 may be used in any of the structions, may be obtained from hunting impounded waters located on the Sandhills and fishing license agents and from the Game Land. The game lands license is not re- Wildlife Resources Commission. Com- quired to fish on the central and eastern game pleted applications must be received by the lands where there are no designated pubhc Commission not later than the first day of mountain trout waters. October next preceding the dates of hunt. (b) Designated Public .Mountain Trout Waters Permits are issued by random computer se- (4) Native Trout Waters lection, arc mailed to the permittees 30 days (A) Designation. So much of the following pnor to the hunt, and are nontransferable. pubhc mountain trout waters, including Each permit is accompanied by an appro- all tributaries unless otherwise indicated, priate big game tag. A hunter making a kill as are located on game lands, are further must tag the deer and report the kill to a designated as native trout waters: wildlife cooperator agent. Armstrong Creek above the state fish (5) Except as othenvise indicated, the follow- hatchcPi" in McDowell County ing game lands or indicated portions Avery Creek in Transylvania County thereof are closed to aU hunting: Bertie, Big Creek in Hax-wood County (game Halifax and Martin Counties--Roanoke land portion) Ri\er \\'ctlands, consisting of the state- Big Creek in Henderson County owned Broadneck, Company Swamp, Big Creek in Yancey County

917 NORTH CAROLINA REGISTER v

PROPOSED RULES

Big East Fork of Pigeon River in Upper Creek in Burke County Haywood County WTiitewater River below Silver Run Big Snowbird Creek above the old rail- Creek, and excluding all tributaries, in road junction in Graham County the counties of Jackson and Bowlen's Creek in Yancey County Transylvania Bradley Creek in the counties of Wilson Creek above the Jim Todd prop- Henderson and Transylvania erty in Aver\' County Buck Creek in Clay County Wolf Creek, except Balsam Lake (Old Buck Timber Creek, excluding all Mead Lake), in Jackson County tributaries, in Avery County Note: See Subparagraph f^ ef tfes Paragraph fef

' in . >. Caney Fork Creek Jackson County c L ari onul dt' ignation (rf Nantahala Priv i^ r aft4 aU Flat in Aver>' County Cary Branch tributaries a* nati^i 's trout vvatcro. Cataloochee Creek in Hapvood County (C) Special Regulations. The following Catawba River in McDowell County rules apply as indicated to the game land Colbert Creek in \'ancey County portion of Lost Cove Creek in Avery Curtis Creek above the fish barrier in County (excluding Gragg Prong and McDowell County Rockhouse Creek), South I'oe River from Davidson River, above its confluence with the concrete bridge above Black Moun- Aver\' Creek, except Grogan Creek in tain Campground downstream to the Transylvania County game land boundary (excluding Camp Fires Creek in Clay County Creek and Ncals Creek), aft4 to the game Flat Creek in Jackson County land portion of Davidson River above Fletcher Creek in Henderson County Aver>^ Creek in Transylvania County (ex- Gage Creek in Jackson County cluding Aver>' Creek, Looking Glass Harper Creek in the Counties of AvePy' Creek and Grogan Creek), and to the and Caldwell game land portion of Tuckaseegee River Left Prong of Pigeon Roost (Bear upstream from Clarke propertv (including WaUow) Creek in Mitchell County Panthertown and Green Land Creeks and Little East Fork of Pigeon River in tnbutaries) and Flat Peek in Jackson Flav^vood County County: Lost Cove Creek, except Cjragg Pong and (ij Open Season. There is no closed Rockhouse Creek, in Aver>' County season, Mackey Creek in McDowell County (ii) daily creel limit is Middle Creek in "V'ancey County Creel Limit. The Middle Prong, West Fork of Pigeon River four trout, except no trout may be re- in Ha\"\vood County tained from luckaseegee River and Nantahala River above the bear sanctuary tributaries and Flat Oeek. line in Macon County (iii) SL^e Limits. I he minimum size is North Fork French Broad River upstream se\en inches and the maximum size is from Long Branch in Trans\lvania ten inches, except that one trout ex- County ceeding fourteen inches may be retained

North 1 larper Creek in Aver>' County from Lost Cove Creek and South Toe Rock Creek in \'ancey County River, and one trout exceeding sixteen Slick Rock Creek on the Tennessee line inches may be retained from Davidson and in Graham County River. South Harper Creek in Aven,' County (i\) .Manner of Taking. Only artificial South Mills Ri\er in the counties of flies having one single hook may be

I lenderson and Transylvania used. South Toe River from headwaters to up- f^ Soanonal Native Trout Waturo. Ail per game land boundar>' below Black portions ef t4*e Nimtahala Ris e r a«4 tte

' Mountain Campground in \'ancey Inbulune '. up -. trc cini trom Nantahala 1 (d(0

County which afe locat ed *+« gamo land ^i rtft4

Steels Creek in Burke County V i hich afe designat ed t» *4«* Paragraph fb-f Tanasee Creek in Jackson County as general trout wutoro af© rodesignated Tuckasccgce Ri\er. upstream from Clarke nalise trout wat e rs during 4*e period from

4- proper! V (including P.inthertown and JaiuKiPr' until (4+e reopening t4~ tl+e gefi- Circcnland Creeks and Inbutancs) in efal trout season i» tl^ spring, only. aH4

Jackson Count during such period shall be subject t4* tfee

NORTH CAROLINA REGISTER 918 r .

PROPOSED RULES

limit . »h4 ro j itrictionc contain ed m Sub sion, or a wildlife enforcement oflicer of paragrapii f-l4 ef tbi* Paragraph. the Commission, for a captivity permit. Deer and Black Bear. Captivity permits Statutoty Authoritv G.S. 113-134; 113-264; will not be issued for crippled, injured or 113-272; 113-292; 1/3-305. orphaned deer or black bear, except to certain rehabilitators predesignated bv the Commission to pro\ide temporary care for deer and black bear. No person, except for a rehabiUtator predesignated bv the Commission, shall keep a cnppled. l\ ot/cc is hereby given in accordance with G.S. mjured or orphaned deer or black bear in I SOB- 1 2 that the Sorth Carolina Wildlife Re- possession for longer than a 24 hour pe- sources Commission intends to amend rule(s) riod. cited iu 1 5.-1 \C.4C lOH .0301 - .0302. (3) Apphcation and Term. A captivity permit will be issued without charge and may be Thhe proposed effecti\-e date of this action is .\tav issued upon informal request by mail, 1. 1990. telephone, or other means of communi- cation; but such permit shall authorize Mill conducted at I0;00 1 he public hearing be possession of the animal or bird only for a.m. Februafy 5. 1990 at 3S6, .Archdale on Room such period of time as may be required for Building, .V. Salisbury Street, Raleigh, .\orih 5/2 the rehabihtation and release to the wild; Carolina. or to obtain a capti\ity hcense as provided by Paragraph (b) of this Rule, if such a

> (_' omment Procedures: Interested persons may license is authorized, dofirod aft4 is iL> . uc d. present their vie^\^s either orally or in writing at t/ie or to make a proper disposition of the hearing. In addition, the record of hearing will animal or bird, as determined b>' the be open for receipt of written comments fivm Executive Director, if the application for January 22. 1990 to February 20, 1990. Such such Ucense is Ht+t- doiired e* fof ****¥ Ft*rt- written comments must be delivered or mailed to soft is denied, or when an existing

the N.C. Wildlife Resources Commission, 512 N. capti\ity license is not renewed or is ter- Salisbury- Street. Raleigh. A.C 2761 1. minated, (b) Captivit\ License SLIJCHAITFR lOH - RKGL LATED ACTIMTIES (1) Requirement. Except as provided in Par- agraph (a) of this Rule, no person shall SECTION .0300 - IIOLHING WILDLIFE IN species wild which is CAPTIMTY keep any of animal or once was native to this State or anv deer, elk, or other member of the family .0301 GENERAL REQLIREMENTS Cen,idae: or an\ coNote. wolf, or other (a) Capti\it\' Pcmiit member of the famih Canidae: or any (1) Requirement. The possession of any species of wrld bird which naturally occurs species of wild animal which is or once or historically occurred in this State, bt'ing was native to tliis State or any species of either natis'o resident or migrator,', with- wild bird which naturally occurs or his- out tirst having obtamed from the Wildlife torically occurred in this State, being na- Resources Commission a hcense to hold tive or migraton.". is unlawful unless the the particular species of animal or bird in institution or indi\idual in possession capti\it>'. Each opocioL^ ef animal »f hif4 thereof has frrst obtained from the Wildlife

'l * ri hall be tfee Mibj e ct i*f a Oparut e licenOL Resources Commission a capti\ity permit authori/ing tl+e holding t4 t**w t*f more €vf or a capti\itv license as required b\ tliis

'' ' . Rule. t4*e pijcier' at- » location - pociliijd » Ai? hcu' iii/O. (2| Injured, irvf Cnppled or Orphaned Wildlife. Notwithstandmg the prccedmg Subpara- Acquisition of Wildlife. Notwithstanding ot graph (1), a cnppled. t+f injured or the pro\isions o( Subparagraph (a)( 2) orphaned wild animal or wild bird, except this Rule. capti\ity licenses may not be deer or black bear may be taken and kept issued if the wild animal or wUd bird was

m possession for no longer than fn'c da\ s, acquired unlaw lulK" or mercK' as a pet

pro\ ided that during such fi\c-day period (2) ixequired 1 acilities. No capli\ity license the indi\idual in possession thereof shall shall be issued until the apphcant has apply to the \\"ildlife Resources Commis- constructed or acquired a facility lor

9/9 NORTH CAROLINA REGISTER PROPOSED RULES

keeping the animal or bird in captivity (e) Applicability of Section. Th^ i which shall comply with the minimum ef A» rule s containod m y«s Section chull !*»* standards set forth in Rule .0302 of this apply te holdoro ef Ae following liconoos: The Section, and the adequacy of such facility following licenses include authority for incidental has been verified on inspection by a rep- transportation and possession of wildlife co\ered resentative of the Commission. under the license: (3) Term of License (Ij Wildlife and fish collection licenses [G.S. (A) Dependent Wildlife. Wbm If the wUd 113-272.4; 15A NCAC lOB .0119; 15A animal or wUd bird has been permanently -NCAC IOC .0214]; rendered incapable of subsisting in the (2) Controlled shooting preserve license [G.S. wild, the license authorizing its retention 113-273(gj; 15A NCAC lOH .0100]; in captivity shall be an annual license ter- (3) Commercial trout pond license [G.S.

minating on December 3 1 of the year for 113-273(c); 15A NCAC lOH .0400(; which issued. (4) Fish propagation license [G.S. 113-273(e); (B) Rehabilitable Wildlife. When the wild 15A NCAC lOH .0700]; animal or wild bird is temporarily inca- (5) Falconry permit and license JG.S. pacitated, and may be rehabilitated for 113-270.3(b)(5); 15A NCAC lOH .0800]; release to the wild, t4*e any captivity li- (6) Game bird prorojation propagation license H»y h^ which is issued shall be for cense (G.S. 113-273(h); 15A NCAC lOH

a such period less than one year as j. uoh .0900]; rehabilitation may require. Capti\it\" li^ (7) Furbearer propagation license [G.S. censes wiU not be issued for rehabilitation 113-273(1); 15A NCAC lOH .1100[. of deer and black bear. (C) Concurrent 1-ederal Permit. No State 113-134; 113-272.5; Statutory Authoritv' G.S. capti\ity license for an endangered or 113-274; 113-292. threatened species or a migratory bird shall be operative to -authorize retention .0302 MINIMUM STAND.\RDS thereof for a longer period than is allowed (a) Fxemptions. Publicly financed zoos, sci- by any concurrent federal permit that mav entific and biological research facilities, and in-

its . be required for retention. stitutions of higher education ^ hall h^ are exempt (c) Nontransferability. No License or permit from all of the minimum standards put forth in issued pursuant to this Rule shall be transferable, this Rule for all birds and animals e.xcept the either as to the holder or the site of a holding fa- black bear. The foUowing are deemed the mini- cility. mum standards for holding the species indicated (d) Sale or Transfer of Captive Wildlife. It is in captivity by all other licensees. unlawful for any person to transfer or receive any (b) Deer and other species of the family wild animal or wild bird which is being held un- Cervidae der a captivity permit issued under Paragraph (a) (1) F'nclosure. The enclosure shaU be on a of this Rule, e.xcept that any such animal or bird well-drained site containing trees or brush may be surrendered to an agent of the Wildlife for shade. The minimum size of the en- Resources Commission. It is unlawful for any closure shaU be not less than one-haLf acre person holding a capti\'ity license issued under for the first three animals and an addi- Paragraph (b) of this Rule to sell or transfer the tional one-fourth acre for each additional animal or bird held under such license, except animal held. The enclosure shall be sur- that such animal or bird may be surrendered to rounded by a sturdy fence at least 10 feet an agent of the Commission, and any such high, dog-proof to a height of at least six licensee ma\' sell or transfer the animal or bird to feet. No exposed barbed wire or another person who has obtained a Ucense to protruding nails shall be permitted within hold it in captivity. Upon such a sale or transfer, the enclosure. A roofed building large the seller or transferor shall obtain a receipt for enough to provide shelter in both a the animal or bird showing the name, address, standing or a lying position for each deer and license number of the bu>'er or tnmsferee, a must be provided. This building shaU be copy of which shall be transmitted to the Wildlife closed on three sides and provided with a

Resources Commission. It is unlawful for any wooden floor. It shall be constructed at person to release into the wild for an\' purpose least 10 feet from the fence. or allow to range free an\ species of deer or any (2) Sanitation and Care. Permittees sh;ill wolf. co\otc, or other nonindJLienous member of provide an ample supply of clear water the famil\- Canidae. and salt at all times. Food shall be placed

NORTH CAROLINA REGISTER 920 PROPOSED RULES

in the enclosure as needed, but in any large enough for all animals to be able to case, not less than three times weekly. submerge themselves at the same time. Straw and leaf litter, replenished every A land area with both horizontal dimen- week, shall be used as a floor covering in sions being at least as long as the animal the shelter. An effective program for the shall also be provided. In case of more control of insects, ectoparasites, disease, than one animal, the land area shall have and odor shall be established and main- both horizontal dimensions at least as tained. The animal must be protected long as the longest animals to occupy the against fright. Domestic livestock and land area at the same time without over- dogs shall be excluded from the enclosure. lap. (c) Wild Boars (2) Sanitation and Care. The water area must (1) Iinclosure. Ihe enclosure shall be on a be kept clean and adequate food provided. site containing trees or brush for shade. Protection shall be provided at all times The minimum size of the enclosure shall from extremes in temperature, be not less than one-half acre for the first (f) Black Bear three animals and an additional one- (1) Educational Institutions and Zoos Oper- fourth acre for each additional animal ated or Established by Governmental held. The enclosure shall be surrounded Agencies by a sturdy fence at least five feet high. (A) Enclosure. A permanent, stationax)' No exposed barbed wire or protruding metal cage, at least eight feet wide by 12 nails shall be permitted within the enclo- feet long by six feet high and located in sure. A roofed buUding large enough to the shade or where shaded during the aft- provide shelter in both a standing or a ly- ernoon hours of summer, is required. ing position for each boar must be pro- The cage shall have a concrete floor in vided. This building shall be closed on which a drainable pool one and one-half three sides and provided with a wooden feet deep and not less than four by five or concrete floor. A pool of water for feet has been constructed. The bars of the wallowing or a sprinkler system shall be cage shaU be of iron or steel at least one- proN'ided on hot days. fourth inch in diameter, or hea\y gauge (2) Sanitation and Care. Permittees shall steel chain link fencing ma>' be used. The provide an ample supply of clear water at gate shall be equipped with a lock or all times. Food shall be placed in the en- safety catch, and gu;u-d rails shall be closure as needed, but in any case, not less placed outside the cage so as to prevent than three times weekly. \n etlective contact between the observer and the program for the control of insects, caged animal. The cage must contain a ectoparasites, disease, and odor shall be den at least five feet long b\' five feet wide established and maintained. by four feet high and so constructed as to (d) Wild Birds be easily cleaned. A "scratch log" shall (1) Enclosure. The enclosure shall be large be placed inside the cage. The cage shall enough for the bird or birds to assume all be equipped with a removable food natural postures. The enclosure shaU be trough. Running water shall be pro\ided designed in such a way that the birds for flushing the floor and changing the cannot injure themselves and are able to pool. maintain a natural plumage. Protection (B) Sanitation and Care. Adequate food from excessive sun, weather, and pre- shall be provided daily; and clean, clear dation shall also be provided. • drinking water shall be a\ailable at all (2) Sanitation and Care. The cage shall be tirnes. In hot weather, the floor of the kept clean, dry, and free from molded or cage and the food trough shall be flushed damp feed. yVmple food and clean water with water and the water in the pool shall be a\ailable at all times. changed daily. The den shall be flushed (e) Alligators and cleaned at least once each week in hot

( 1 ) Enclosure. The enclosure shall be sur- weather. An effective program for the rounded by a sturdy fence so as to pre\cnt control of insects, ectoparasites, disease. contact between the observer and and odor shall be established and main- alligator. 1 he enclosure shall contain a tained. Brush. can\as, or other suitable pool of water large enough for the animal material shall be placed o\"er the cage to to completely submerge itself. If more provide additional shade when necessan,'.

than one animal is kept, the pool must be The use of coUars. tethers or stakes to re-

92/ NORTH CAROLINA REGISTER PROPOSED RULES

strain the bear is prohibited, except as a the animal. Either a tree limb, exercise temporary safety device. device, or shelf large enough to accom- (2) Conditions Simulating Natural Habitat. modate the animal must be provided to Black bears held in captivity by other than allow for exercise and climbing. educational institutions or governmental The single-animal enclosure for the ani- zoos must be held without caging under mals listed in t)iis Subparagraph shall be conditions simulating a natural habitat a cage with the following minimum di- approved by the Wildlife Resources mensions and horizontal areas: Commission. For a holding facility to be deemed in simulation of a natural habitat, Dimensions in Feet the following conditions must e.xist: Animal Length Width (A) The method of confinement is by chain link fence, wall, moat, or a combination Cougar 9 of such, without the use of chains or Bobcat, Otter 10 5 tethers. Raccoon, f-ox, (B) The area of confinement is at least one Woodchuck 8 4 acre in extent for one or two bears and an Opossum, Skunk, additional one-eighth acre for each addi- Rabbit 6 3 tional bear, and bears are free, under Squirrel 4 2 normal conditions, to move throughout such area. (C) At least one-half of the area of con- Sq. Ft. Height Per Animal fmement is wooded with living trees, shrubs and other perennial \egctation ca- pable of providing shelter from sun and

wind. 5 50 (D) The area of confinement contains a 4 32 pool not less than one and one-half feet 3 18 deep and not less than four by five feet in 2 size.

(E) Provision is made for a den for each For animals not listed above or mentioned bear to which the bear may retire for rest, elsewhere in this Rule, single animal enclo- shelter from the elements, or respite from sures shall be a cage with one horizontal di- pubhc observation. mension being at least four times the (F) area of confinement presents an The nose-rump length of the animal and the overall appearance of a natural habitat other horizontal dimension being at least and affords the bears protection from twice the nose-rump length of the animal. harassment or annoyance. The vertical dimensions shall be at least (G) Provisions are for adequate food made twice the nose-rump length of the animal. and water and for maintenance of sanita- Under no circumstances shall a cage be less tion. than four feet by two feet by two feet. (H) circumstance exists which is calcu- No For multiple animal enclosures, the mini- lated to avoid, circum\'ent, defeat or sub- mum area of horizontal space shall be de- vert the purpose of the law or these termined by multiplying the required square regulations. footage for a single animal by a factor of 1.5 (I) The apphcant demonstrates by satisfac- for one additional animal and the result by tory evidence that he owns or has long- the same factor, successively, for each addi- term control of the real property upon tional animal. The vertical dimension for which the holding facility is located, multiple animal enclosures shall remain the (gj Other Wild Animals same as for single animal enclosures. (1) Fnclosure. The enclosure must pro\ide The young of any animal ma\' be kept with protection from excessive sun, weather the parent in a single-animal enclosure only and free-ranging animals. A den area in until weaning. After weaning, if the animals which the animal can escape from view are kept together, the requirements for and large enough for the animal to turn multiple-animal enclosures must be met. around and lie down must be pro\ided for (2) Sanitation and Care. Fresh food shall be each animal within the enclosure. No provided daUy, and clean water shall be tethers or chains will be used to restrain available at all times. An effective pro-

NORTH CAROLINA REGISTER 922 PROPOSED RULES

gram for the control of insects, (a) In those cases of personal hardship, catas- ectoparasites, disease, and odor shall be trophe, or emergency condition an employee established and maintained. may apply for or be nominated to become a recipient of leave transferred from the vacation Statutoiy Authorily G.S. I9A-I1; 1/3-/34; leave account of another employee. Personal // 3-272.5: 1/3-292. hardship, catastrophe, or emergency means a medical or family emergency or other hardship TITLE 25 - OFFICE OF STATE situation that is likely to require an employee's PERSONNEL absence from duty and to result in a loss of income to the employee because of the lack of available leave. Nootice is hereby given in accordance with G.S. (b) An employee who has a personal disability /SOB-/ 2 that the Of/ice of State Personnel; State and who receives benefits from the Disability In- Personnel Commission intends to adopt rules cited come Plan of North Carolina (DIPNC) is not as 25 \C.IC /[: ./30/ - ./307. eligible to participate in the shared leave program.

Thhe proposed effecti\'e date of this action is .May (c) Participation in this program may not ex- /. /990. ceed 20S0 hours, either continuously or, if for the same condition, on a recurring basis. Thhe public hearing will be conducted at 9:00 a.m. on February 2. /990 at /O/ West Peace Statutoiy .Authority G.S. /26-4. Street, Raleii^h. N.C. .1303 ADMINISTR.\TION Coomnient Procedures.- Interested persons may WTicn implemented by a department or univer- present statements orally or in writing at tlie sity, this program shall be administered by and hearing or in writing prior to the hearing by mail within the parent department or university of the addressed to: Drake Mavnard, OSP, J/6 IV. recipient employee under the conditions set out ./ones Street. Raleigh, N.C.', 276//. in the following rules.

( IIAl'IKR Ol FICE OF STATE PERSONNEL Statutory .Autlwrity G.S. /26-4.

SUBCHAPTER IE - EMPLOYEE BENEFITS .1304 QLAI.IFMNG TO PARI ICIPATE IN \ OLLNTARY SII.VRED LEAVE SECTION J300 \OLLNTARY SHARED LEA\E PROGRAM PROGRAM In order to participate in the Voluntary Shared Lea\'e Program, an employee must meet the fol- .1301 PURPOSE lowing conditions: There are occurrences brouglit about by per- Irmployee must be in permanent, sonal hardship, catastrophic or emergency con- (1) probationary, or trainee appointment status. ditions that cause employees to exhaust aU By letter of application to the agency head, available leave and therefore be placed on leave (2) recipient shall apply, or be nominated to without pay. It is recognized that such employ- participate in the program. ees forced to go on leave without pay could be .Application for participation would include without income at the most critical point in their (3) name, social security number, classillcation, work life. It is ;dso recognized that feUow employees may wish to donate \oluntarily some of parent agency, jurisdiction from which do- their \'acation leave so as to provide assistance to nations of leave would be requested, de- a feUow state employee. This pohcy pro\ides an scription of emergency, catastrophic, or opportunity for employees to assist another em- hardship condition and estimated length ot ployee on a one to one basis, when a personal need to participate in the program. Prior to emergency requires absence from duty for a pe- making the employee's status public for riod of time, resulting in a loss of income due to purpose of recei\ing shared leave, employees a lack of accumulated leave. It does not pcnnit must sign a release to allow the status to be "banking" of lea\e. known. (4) The parent department or uni\ersity shall Statutoiy .Authority G.S. /26-4. re\ iew the merits of the request and approve or disappro\'e. Agency heads may chose to .L<02 POLICY delegate the responsibility for reviewing the

92.? NORTH CAROLIN.A REGISTER PROPOSED RULES

validity of requests to an existing peer group (1) Each agency shall establish a system of or establish a committee for this purpose. leave account abihty which will accurately (5) Establishment of a leave "bank" for use by record leave donations and recipients use. unnamed employees is expressly prohibited. Such accounts shall provide a clear and ac- (6) An agency with less than 200 employees curate record for financial and management may, with concurrence of another agency audit purposes. and with prior approval of the State Per- (2) Withdrawals from recipient's leave account sormel Director, establish agreements to be will be charged to the recipient's account treated as one agency for purposes of this according to usual leave policies. policy. (3) Leave transferred under this program will (7) For program evaluation purposes, the de- be available for use on a current basis or partment or university shaU forward a copy may be retroactively substituted for leave of each application for recipients received, without pay or used to liquidate advanced indicating approval or disapproval, to the annual or sick leave granted to the leave re- Office of State Personnel. cipient. Retroactivity is limited to 30 calendar days, from the implementation date Statutoty Authority G.S. 126-4. of the policy in the agency. (4) At the expiration of emergency, cat- .1305 P.\RTICIP,VriON REQLIRK.MEN TS astrophic or hardship conditions, as deter- (a) A donor may contribute only vacation mined by the agency, any unused leave in leave. the recipient's donated leave account shall

(b) Minimum amount to be donated is one be treated as follows: hour. (a) The account balance may not exceed 240 (c) The ma.ximum amount of leave allowed to hours. be donated by one individual is to be no more (b) In case of the death of the employee, leave than the amount of the indi\idual's annual ac- would be administered in accordance with crual rate. However, the amount donated is not 25 NCAC IE .0210. to reduce the donor's vacation leave balance be- (c) Any additional unused donated leave below one-half of the annual vacation leave accrual >ond 240 hours will be returned to the rate. donor(s) on a pro rata basis. Less than (d) Lea\e donated to a recipient's leave account one hour shall not be returned to an indi- is exempt from the maximum accumulation \ idual donor. carry-over restrictions at calendar year end. (d) Each approved emergency, catastrophic, (e) An employee may not directly or indirectly or emergency condition shall stand alone intimidate, threaten, coerce, or attempt to intim- and donated leave not used in accordance idate, threaten, or coerce, any other employee for with the provisions of this Rule shall be the purpose of interfering with any right which considered as having served its purpose, such employee may ha\e with respect to donat- shall lose its identity, and shall be deleted ing, receiving, or using annual leave under this and the account closed. program. Such action by an emplo\'ee shall be grounds for disciplmar>' action up to and includ- Statutory .Authority G.S. 126-4. ing dismissal on the basis of personal conduct. Indi\'idual leave records are confidential and only .1307 DURATION OF PROGRAM indi\idual employees may reveal their donation Lhis program is for a two year period beginning or receipt of lea\e. at its etfective date and expiring two years from that date. This program will be e\aluated b\ the Statutoty Authority G.S. 126-4: 126-22. State Personnel Director during the two \ear period to determine if it meets its purpose. 'Lhe .1306 DONOR LEAVE .ACCOUNTING AND Director shall recommend continuiag, amending, USAGE PROCEDl RES or discontinuing the program for action b\' the

'I he following conditions shall control the ac- State Personnel Commission. counting and usage procedures for lease donations in this program: Statutory Authority G.S. 126-4.

NORTH CAROLINA REGISTER 924 NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM

TITLE/MAJOR DI\ ISIONS OF THK NORTH CAROLINA ADMINISTRATH E CODE

TITLE DEPARTMENT

1 Administration, Department of 2 Agriculture, Department of 3 Auditor, Department of State 4 Economic and Community Development, Department of 5 Correction, Department of 6 Council of State 7 Cultural Resources, Department of 8- Elections, State Board of 9 Governor, Office of the 10 Human Resources. Department of 11 Insurance, Department of 12 Justice, Department of 13 Labor, Department of 14A Crime Control and Public Safety, Department of 15 Environment, Health, and Natural Resources, Department of 16 Public Education. Department of 17 Revenue, Department of 18 Secretary' of State, Department of 19A Transportation. Department of 20 Treasurer. Department of State *21 Occupational Licensing Boards 22 Administrative Procedures 23 Community Colleges, Department of 24 Independent Agencies 25 State Personnel, OtTice of

26 Administrative I learinas. Office of

NOTE: 1 itle 21 contains the chapters of the various occupational licensing boards.

CHAPTER LICENSESG BOARDS

2 ^Arclntecture, Board of 4 Auctioneers, Commission for 6 Barber Examiners, Board of 8 Certified Public Accountant Examiners, Board of 10 Chiropractic I-xammers. Board of 12 General Contractors, Licensing Board for 14 Cosmetic Art Examiners, Board of 16 Dental Examiners. Board of 18 Electrical Contractors. Board of Examiners of 20 Eoresters. Board of Registration for 21 Geologists, Board of Hearing .Aid Dealers and Fitters Board 26 Landscape .-Vrchitects, Licensing Board of 28 Landscape Contractors, Registration Board of 31 Martial & Family Therapy Certification Board 32 Medical Examiners. Board of 33 Midwifcrs' Joint Committee 34 Mortuary" Science, Board of 36 Nursing, Board of 37 Nursing Home .Administrators. Board of

38 Occupational 1 herapists. Board of 411 Opticians. Board of 42 Optometry", Board of Examiners in

925 NORTH CAROLINA REGISTER NORTH CAROLl/WA ADAHNISTRA Til E CODE CLASSIFICA TION SYSTEM

44 Osteopathic lixamination and Registration, Board of 46 Pharmacy, Board of 48 Physical Therapy Examiners, Board of 50 Plumbing and Heating Contractors, Board of 52 Podiatr)' Examiners, Board of 53 Practicing Counselors, Board of 54 Practicing Psychologists, Board of 56 Professional Engineers and Land Surveyors, Board of 58 Real Estate Commission 60 Refrigeration Examiners, Board of 62 Sanitarian Examiners, Board of 63 Social Work, Certification Board for 64 Speech and Language Pathologists and Audiologists, Board of Examiners of 66 Veterinary Medical Board

NORTH CAROLINA REGISTER 926 CUMULATIVE ISDEX

CUMULATIVE ISDEX (April I9S9 - March 1990)

1989 - 1990

Paces Issue

1 - 151 1- Apnl 152 - 192 2- Apnl 193 - 216 3- May 217 - 2S9 4- May 290 - 311 5- June 312 - 364 6- June 365 - 454 7- July 455 - 477 S- July 478 - 521 9- August 522 - 5S4 10- August 585- 616 11- September 617 - 658 12- September 659 - 712 13- October 713 - 765 14- October 766- 801 15- Noycmber 802 - 825 16- Noycmber 826 - 856 17- December 857- 891 18- December 892 - 929 19- Januar\-

AO - AdmLnistrati\'e Order AG - Attorney General's Opinions C - Correction FR - Final Rule GS - General Statute JO - Judicial Orders or Decision M - Miscellaneous NP - Notice of Petitions PR - Proposed Rule SO - Statements of Organization TR - Temporan,' Rule

ADMINISl RATION State Construction. 827 PR ADMINISTRAIIM. HKARINGS General, S"9 PR Hearings Diyision, 880 PR Rules Diyision. 880 PR

ADMIMSTRATIA K ORDFR Admmistratiye Order. 4. 152. 802 AGRICULTURE

92 \ORTH CAROLLXA REGISTER CUMULA TIVE INDEX

Cotton Warehouse, 220 PR Markets, 217 PR, 546 PR Pesticide Board, 292 PR Plant Conser\ation Board, 196 PR Plant Industr\'. 153 PR. 218 PR, 895 PR State Fair, 217 PR

CO.M.MLAITV COLLEGES Board of Community Colleges. 352 PR CORRECTION Departmental Rules, 815 FR Division of Pnsons. 472 FR. 646 FR. 759 FR. 817 FR, 883 FR CRIME CONTROL AND PUBLIC SAFETY Victim and Justice Services, 573 PR CULTURAL RESOURCES Archives and Histor.-, 370 PR, 455 PR. 593 PR. 720 PR Arts Council, 371 PR U.S.S. North Carolina Battleship Commission. 548 PR ECONOMIC AND COMMUNITY DEVELOPMENT Ccmeter\- Commission, 198 PR. 766 PR Communitv Assistance. 858 PR Departmental Rules, 901 PR Finance Center, 368 PR Hazardous Waste \Iana2ement Commission, 716 PR, 834 PR Milk Commission, 455 PR, S34 PR Seafood Industrial Park Authority, 806 PR EDUCATION Flcmentary and Secondar\- Fducation, 253 PR, 295 PR, 511 PR, 739 PR, 843 PR

ELECI IONS, STATE BOARD OF Departmental Rules, 661 PR ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Coastal Management. 239 PR, 508 PR. 574 PR, 735 PR Community Assistance. 134 PR Departmental Rules. 601 PR Economic Opportunit\'. 178 PR Enviroimiental Manaccmcnt, IS PR, 160 PR, 202 PR, 238 PR. 295 PR, 347 PR, 431 PR. 456 PR. 700 PR, 730 PR, 866 PR Governor's Waste Vlanaaement Board, 617 C Land Resources. 868 PR^ Manne Fisheries, 47 PR, 457 PR, 866 PR Wildlife Resources and Water Safety. 134 PR. 178 PR, 207 PR. 252 PR. 574 PR. 700 PR, 738 PR, 776 PR, 809 PR, 872 PR, 903 PR

EPS AL DECISION LEITERS

Voting Rights Act, 5, 193. 367, 523, 587, 618, 659, 714, 803, 857

FINAL RULES List of Rules Codified, 183 FR, 274 FR, 303 IR. 445 FR, 515 FR, 609 FR, 704 FR, 788 FR, 847 FR

GO\ ERNOR/LT. GOVERNOR

Fxecutive Orders, 1, 290, 312, 365, 478, 522. 585, 713, 826, 892

NOR TH CAROLINA REGIS TER 92S CUMULA TIVE INDEX

JILMAN RKSOl RCKS Aging, Division of, 85^ PR Departmental Rules, 372 PR Facility Seniccs, 1Q9 PR, 377 PR, 594 PR Governor's Waste Management Board, 552 PR Health Scr\ices, 153 PR, 315 PR, 405 PR, 661 PR Medical Assistance, 158 PR, 294 PR, 455 PR, 549 PR, 601 PR, 620 PR, 722 PR, 808 PR Mental Health, Mental Retardation and Substance Abuse Ser\ices, 17 PR, 417 PR, 685 PR Social Senices, 550 PR, 773 PR Vocational Rehabilitation Services, 7 PR, 766 PR Water Treatment Facility Operators Board of Certification, 549 PR

INDI PKNDEN T AC.KNCIES Housing Finance .Agency, 459 PR rNSlRANCE Admission Requirements, 836 PR Agent Senices Di\'ision. 561 PR Finsiincering and Building Codes, 775 PR Fire and Casuahv Division, 202 PR, 479 PR, 689 PR life. Accident and Heahh Division. 690 PR

.irSTICE Criininal Justice Fducation and Training Standards Commission, 569 PR, 860 PR Private Protective Services Board, 621 PR Sheriffs Education and Training Standards Division, 491 PR LICFNSrSG BOARDS Architecture, 349 PR CPA Fxamincrs, 458 PR, 810 PR Flectrical Contractors, 741 PR General Contractors, 512 PR, 844 PR Geolosrists, Board for Ficensin? of, 878 PR Fandscape /Vrcliitects. 443 PR,^756 PR Medical Fxamincrs, 604 PR, 701 PR North Carolina Certification Board for Social Work, 179 PR Nursing, Board of, 296 PR, 778 PR Physical Therapy Examiners, 262 PR Plumbing and Heating Contractors, 757 PR Practicing Psychologists, 606 PR Sanitanan F'xamincrs, Board of, 785 PR ROEMF Depailmental Rules, 885 FR Sales and Use Tax, 353 FR STATE PERSONNEL State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR, 624 PR, 786 PR, 923 PR STATEMENTS OF ORGANIZATION Statements of Organization, 524 S(^ TRANSPORTAIION Division of Motor Vehicles, 140 FR, 607 FR, 648 FR

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NORTH CAROLINA ADMINISTRATIVE CODE

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