§ 113-272.5. Captivity license. - North Carolina Statutes

§ 113‑272.5. Captivity license.

(a)        In the interests of humane treatment of wild animals andwild birds that are crippled, tame, or otherwise unfit for immediate releaseinto their natural habitat, the Wildlife Resources Commission may licensequalified individuals to hold at a specified location one or more of anyparticular species of wild animal or wild bird alive in captivity. Beforeissuing this license, the Executive Director must satisfy himself that issuanceof the license is appropriate under the objectives of this Subchapter, and thatthe wild animal or wild bird was not acquired unlawfully or merely as a pet.Upon refusing to issue the captivity license, the Executive Director may eithertake possession of the wild animal or wild bird for appropriate disposition orissue a captivity permit under G.S. 113‑274(c)(1b) for a limited perioduntil the holder makes proper disposition of the wild animal or wild bird.

(b)        Unless a shorter time is set for a license upon its issuanceunder the provisions of subsection (c), captivity licenses are annual licensesissued beginning January 1 each year and running until the following December31. This license is issued upon payment of five dollars ($5.00) to the WildlifeResources Commission.

(c)        The Wildlife Resources Commission may require standards ofcaging and care and reports to and supervision by employees of the WildlifeResources Commission as necessary to insure humane treatment and furtherance ofthe objectives of this Subchapter. The Executive Director in implementing theprovisions of this section may administratively impose through responsibleagents and employees restrictions upon the mode of captivity that he deemsnecessary, including prescribing methods of treatment and handling designed, ifpossible, to enable the wild animal or wild bird to become self‑sufficient and requiring that the wild animal or wild bird be set free whenself‑sufficiency is attained. To this end, the Executive Director mayissue the captivity license with an expiration date earlier than December 31and may also act to terminate any captivity license earlier than the expirationdate for good cause.

(d)        Any substantial deviation from reasonable requirementsimposed by rule or administratively under the authority of this section renderspossession of the wild animal or wild bird unlawful.

(e)        No captivity license may be issued for any cougar (Felisconcolor), except to:

(1)        A bona fide publicly supported zoo.

(2)        An educational or scientific research institution.

(3)        An individual who lawfully possessed the cougar on June 29,1977. The license may not be granted, however, for possession of a cougarwithin a municipality which prohibits such possession by ordinance.

(4)        An individual who holds a cougar without caging underconditions simulating a natural habitat, the development of which is in accordwith plans and specifications developed by the holder and approved by theWildlife Resources Commission.

(f)         The licensing provisions of this section apply to blackbears held in captivity, but, to the extent that it differs from this section,Article 2 of Chapter 19A of the General Statutes governs the keeping of blackbears in captivity. (1979, c. 830, s.1; 1979, 2nd Sess., c. 1285, s. 3; 1981, c. 575, s. 1; 1987, c. 827, s. 98.)