§ 113-274. Permits.
§ 113‑274. Permits.
(a) As used in this Article, the word "permit" refersto a written authorization issued without charge by an employee or agent of theWildlife Resources Commission to an individual or a person to conduct someactivity over which the Wildlife Resources Commission has jurisdiction. Whensale of wildlife resources is permitted, rules or the directives of theExecutive Director may require the retention of invoices or copies of invoicesin lieu of a permit.
(b) Except as otherwise specifically provided, no one may engagein any activity for which a permit is required without having first procured acurrent and valid permit.
(c) The Wildlife Resources Commission may issue the followingpermits:
(1) Repealed by Session Laws 1979, c. 830, s. 1.
(1a) Depredation Permit. Authorizes the taking, destruction,transfer, removal, transplanting, or driving away of undesirable, harmful,predatory, excess, or surplus wildlife or wildlife resources. The permit muststate the manner of taking and the disposition of wildlife or wildliferesources authorized or required and the time for which the permit is valid,plus other restrictions that may be administratively imposed in accordance withrules of the Wildlife Resources Commission. No depredation permit or anylicense is needed for the owner or lessee of property to take wildlife whilecommitting depredations upon the property. The Wildlife Resources Commissionmay regulate the manner of taking and the disposition of wildlife taken withoutpermit or license, including wildlife killed accidentally by motor vehicle orin any other manner.
(1b) Captivity Permit. Authorizes the possession of livewildlife that may lawfully be permitted to be retained alive, in accordancewith governing rules of the Wildlife Resources Commission. This permit may notsubstitute for any required collection license or captivity license, but may betemporarily issued for possession of wild animals or wild birds pending actionon a captivity license or following its denial or termination. If this permitis issued for fish to be held indefinitely, the Wildlife Resources Commissionmay provide for periodic renewals of the permit, at least once each threeyears, to insure a review of the circumstances and conditions under which fish arekept. Wild animals and wild birds kept temporarily in captivity under thispermit must be humanely treated and in accordance with any stipulations in thepermit, but the standards of caging and care applicable to species kept underthe captivity license do not apply unless specified in the permit. Anysubstantial deviation from reasonable requirements imposed by rule oradministratively under the authority of this section renders the possession ofthe wildlife unlawful.
(1c) Possession Permit. Authorizes the possession of deadwildlife or other wildlife resources lawfully acquired. The Wildlife ResourcesCommission may by rule implement the issuance and supervision of this permit,in accordance with governing laws and rules respecting the possession ofwildlife. Any substantial deviation from reasonable requirements imposed byrule or administratively under the authority of this section renders thepossession of the wildlife unlawful.
(2) Transportation Permit. The Wildlife Resources Commissionmay require the use of transportation permits by persons required to belicensed under this Article, or by persons and individuals exempt from licenserequirements, while transporting wildlife resources within the State asnecessary to discourage unlawful taking or dealing in wildlife resources and tocontrol and promote the orderly and systematic transportation of wildliferesources within, into, through, and out of the State. Transportation permitsmay be issued for wildlife transported either dead or alive, in accordance withrestrictions that may be reasonably imposed. When convenient, rules oradministrative directives may require the retention and use of an invoice ormemorandum of sale, or the license or permit authorizing the taking oracquisition of the wildlife resources, as a transportation permit. Whencircumstances warrant, however, a separate additional transportation permit maybe required. Any substantial deviation from reasonable requirements imposed byrule or administratively under the authority of this section renders thetransportation of the wildlife resources unlawful.
(3) Exportation or Importation Permit. Authorizes theexportation or importation of wildlife resources from or into the State or fromcounty to county. The Wildlife Resources Commission may by rule implement theissuance and supervision of this permit, in accordance with governing laws andrules respecting the exportation and importation of wildlife resources. Anysubstantial deviation from reasonable requirements imposed by rule oradministratively under the authority of this section renders the importation orexportation of the wildlife resources unlawful.
(3a) Trophy Wildlife Sale Permit. Authorizes the owner oflawfully taken and possessed dead wildlife specimens or their parts that aremounted, stuffed, or otherwise permanently preserved to sell identifiedindividual specimens that may lawfully be sold under applicable laws and rules.
(3b) Repealed by Session Laws 1993, c. 18, s. 4.
(4) Other Permits. In implementing the provisions of thisSubchapter, the Wildlife Resources Commission may issue permits for taking,purchase, or sale of wildlife resources if the activity is lawfully authorized,if there is a need for control of the activity, and no other license or permitis applicable. In addition, if a specific statute so provides, a permit underthis subdivision may be required in addition to a license when there is a needfor closer control than provided by the license. (1935, c. 486, ss. 4, 22; 1941, c. 231, s. 1; 1965, c.957, s. 2; 1971, c. 423, s. 2; c. 809, s. 1; 1973, c. 1262, s. 18; 1977, c.794, s. 1; 1979, c. 830, s. 1; 1987, c. 827, s. 98; 1993, c. 18, s. 4.)