15A NCAC 10H .0808      FACILITIES AND EQUIPMENT

(a)  Prior to initial issuance of a North Carolina falconry license to a resident of North Carolina, the applicant's raptor housing facilities and falconry equipment shall be inspected and approved by a representative of the Commission as meeting the standards set forth in this Rule. Applicants shall have indoor or outdoor holding facilities as described in Paragraph (b) of the Rule. Applicants may have both types of facilities.

(b)  The applicant shall have holding facilities meeting the following standards, regardless of whether the facilities are located on property owned by the licensee or owned by another:

(1)           All facilities shall conform to the standards in 50 CFR 21.82(d)(1)(ii)(A).

(2)           Indoor facilities shall conform to the standards in 50 CFR 21.82(d)(1)(ii)(B). In addition to the incorporated CFR, the mew shall have a door that allows access for maintenance, that is securable inside and outside, and closes automatically. Mews shall be located away from disturbance and shade shall be provided. The floor of the mew shall allow for cleaning and drainage. The interior of the mew shall be free of obstructions that could be injurious to the raptor. Any lighting fixtures shall be shielded or otherwise protected.

(3)           Outdoor facilities shall conform to the standards in 50 CFR 21.82(d)(1)(ii)(D). In addition to the incorporated CFR, covers or roofs shall not be less than seven feet high. The enclosed area shall be large enough to ensure the raptor cannot strike the sides, cover, or roof of the enclosure when flying from the perch. The floor of the weathering area shall allow for drainage to prevent standing water. At least two perches shall be provided for the raptor.

(4)           Raptors may be brought inside a human dwelling as needed to address health, training, and safety issues. The residence shall conform to the standards in 50 CFR 21.82(d)(1)(ii)(C).

A licensee may have his or her raptors outside in the open under the conditions set forth in 50 CFR 21.82(d)(1)(iii).

(c) Licensees shall possess the equipment listed in 50 CFR 21.82(d)(3).

(d)  All facilities and equipment shall be maintained at or above the standards contained in Paragraphs (b) and (c) of this Rule at all times.

(e)  A raptor may be transported or held in temporary facilities as described in 50 CFR 21.82(d)(4) and (5).

(f)  A licensee may leave his or her raptors in the care of another person subject to the restrictions in 50 CFR 21.82(d)(6) and (7).

(g)  A licensee shall inform the Commission within five business days if he or she moves his or her facilities.

History Note:        Authority G.S. 113-134; 113-270.3(b)(4); 50 C.F.R. 21.29;

Eff. September 1, 1979;

Amended Eff. January 1, 2012; May 1, 1995; April 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016;

Amended Eff. June 1, 2022; February 1, 2018.