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Old 09-17-2014, 03:14 PM   #1
flavomarginata
North Carolina turtle laws

Recently there was a thread in the classifieds regarding a person selling box turtles from North Carolina. Attached to that were several contradictory statements regarding NC laws. I am including a couple I located:

15A NCAC 10H .1302 POSSESSION OF REPTILES AND AMPHIBIANS
(a) Permits required. Possession permits are required for the possession, importation, transportation, purchase and sale of:
(1) 25 or more individuals of any combination of native amphibian species;
(2) five or more individuals of native reptile species.
(b) Unauthorized activities. Nothing in this Rule shall be construed to authorize the collection of any wildlife resources from the wild or the taking, possession, transportation, sale, purchase or release to the wild of any wildlife resources or their parts in violation of state or federal laws or regulations. At no time shall permitted animals be released to the wild, except under situations of research or rehabilitation with written permission from the Wildlife Resources Commission,
(c) Denial of possession permits. Circumstances for which and persons to whom a possession permit shall not be issued include:
(1) for the purpose of holding reptiles and amphibians that were acquired unlawfully;
(2) for the purpose of holding reptiles and amphibians for unlawful sale or trade;
(3) to persons who collect five or more individual native turtles or terrapins from the families Emydidae or Trionychidae from the wild in a given year, except those entities exempted from collection in Paragraph (c) of Rule .1301 of this Section;
(4) to persons who collect five or more individuals in aggregate from other native reptile families or 25 or more individual amphibians from the wild in a given year without first having secured a valid Collection License;
(5) to persons found to be in violation of Collection License, Endangered Species Permit, or Possession Permit requirements;
(7) to persons who do not first obtain possession permits prior to acquiring the following wildlife resources unless the acquisition of these animals was made prior to the enactment of this Rule and a permit is acquired within 12 months of the rule's effective date:
(A) 25 or more individuals of any combination of native amphibian species; or
(B) five or more individuals of native reptile species.
(d) Term of Permit. The permit shall be valid from January 1 through December 31 of the applicable year. Permittees who wish to extend the duration of their possession shall reapply for a possession permit.
(e) Reports on Permitted Animals. Each individual permitted under this Rule shall submit a written report to the Executive Director post-marked within 15 days following the date of expiration of the permit. The report shall be on a form supplied by the Wildlife Resources Commission and shall show the numbers of each species held under the permit and the use or disposition thereof. The Executive Director may require additional information for statistical purposes such as the source and date of acquisition of additional animals and the sex, size, weight, condition, reproductive success and approximate age of each animal in possession. Such additional information may be required on the form of report or by a separate writing accompanying the form.
(f) Other Requirements and Restrictions. The Executive Director may, pursuant to G.S. 113-274(c), impose such other requirements and restrictions on persons permitted under this Rule as he may deem to be necessary to the efficient administration of the wildlife conservation statutes and rules.
History Note: Authority G.S. 113-274(c)(1c);
Eff. May 1, 2007;
Amended Eff. May 1, 2009.

SECTION .1300 – REPTILES AND AMPHIBIANS
15A NCAC 10H .1301 COMMERCIAL TAKE OF CERTAIN TURTLES AND TERRAPINS PROHIBITED
(a) It is unlawful to engage in the commercial taking of any native turtle or terrapin species in the families Emydidae or Trionychidae, except the public may obtain possession permits from the Wildlife Resources Commission for possession, transportation, purchase or sale of these turtles and terrapins as described pursuant to Rule .1302 of this Section.
(b) For purposes of this Rule, "commercial taking" is defined as the taking, possession, collection, transportation, purchase or sale of five or more individual turtles or terrapins, or any part thereof, per person in any given year.
(c) The prohibition on collection in this Rule shall not apply to the following:
(1) A licensed veterinarian when holding for purposes of medical treatment;
(2) A holder of a valid rehabilitation permit for purposes of rehabilitation;
(3) A publicly-financed zoo, scientific research facility or institution of higher education, or any state or federal agency;
(4) Any person who accidentally collects five or more turtles or terrapins incidental to any lawful activity, and who immediately returns them to the wild;
(5) Property owners who legally apply for and receive depredation permits from the Wildlife Resources Commission, or one of its Wildlife Damage Control Agents.
(d) Any person who was in lawful possession of five or more native turtles or terrapins in aggregate at the time of the effective date of this Rule shall apply for a possession permit to retain them. The permit to retain these animals shall be applied for before January 1, 2008. No native turtles or terrapins shall be purchased or sold without a permit. Permittees are subject to all requirements and conditions described in Rule .1302 of this Section.
(e) Violators are subject to a replacement cost per individual turtle that shall equal the replacement cost for "species with no open season" as set forth in 15A NCAC 10B.0117(c) until such time as replacement costs for each genus of turtle in these families is established by the Wildlife Resources Commission.
History Note: G.S. 113-333(a)(6);
Eff. May 1, 2007.

I hope that people find this helpful.
 

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