N.D. Admin Code 48.1-09-01-03 - License requirements for nontraditional livestock category 2 and category 3 species

1. The owner shall obtain a license from the board before acquiring animals classified as nontraditional livestock category 2 and category 3 species. Fees must be paid under North Dakota Century Code section 36-01-08.1 before issuance of a license.

2. An owner, before acquiring or possessing category 2 or category 3 nontraditional livestock on such owner's premises, shall provide to the board a description and a sketch or map of the premises and facilities.

a. The sketch or map must include, at a minimum, the proposed exterior boundary, location of the holding and handling facilities, the quarantine area, and the proposed location of all gates at the time of application for a nontraditional livestock license. The board may require additional information.

b. An owner may not acquire or possess category 2 or category 3 nontraditional livestock on such owner's premises and facilities until the board has inspected and approved the facility and issued the license.

3. Upon initial application, inspection of premises and facilities to meet board guidelines will be conducted by an individual approved by the board. Subsequent inspections will be conducted as deemed necessary by the board.

4. An owner of nontraditional livestock shall allow inspection of inventory and health records, holding facilities, and licensed nontraditional livestock by the board during the term of the license and during normal working hours. The licensee or the licensee's agent shall accompany the person conducting the inspection.

5. Category 2 and category 3 species may not be maintained, released, imported, transported, sold, bartered, or traded within the state except as authorized.

6. Licenses expire on January thirty-first of each year and failure to renew a nontraditional livestock license within ninety days requires the owner to dispose of livestock as ordered by the board.

7. Inventory reports are due on January thirty-first of each year. When an annual inventory report is received, the board may evaluate the existing holding facility to determine if it is adequate to contain the number and type of nontraditional livestock for which applied and the purpose for which they will be held.

a. Annual inventory reports must be recorded on the forms provided by the board and must be filled out completely and accurately.

b. Total purchases, sales, deaths, releases or other animal transfers, and births must be reported on the annual inventory reports.

c. Any livestock transferred, bought, or sold must include an itemized bill of sale, a certificate of veterinary inspection, or a manifest at transfer of ownership that must include individual identification, if applicable, species, age, sex, number of animals, buyer and seller and their respective addresses, date of sale, and available nontraditional livestock license numbers. All manifests and bills of sale must be submitted to the board within two weeks of the occurrence.

d. Prior to sale of nontraditional livestock, the seller shall notify the buyer if a North Dakota nontraditional license is required.

8. No owner of category 2 or category 3 nontraditional livestock, without prior written approval from the board, may release or abandon livestock. Game bird releases must be stipulated in the license application.

9. Upon expiration or revocation of a license, all formerly licensed nontraditional livestock in possession must be disposed of by the licensee as ordered by the board.

a. No formerly licensed nontraditional livestock may be abandoned, released, or removed from the holding facility without prior written approval of the board.

b. All formerly licensed nontraditional livestock remaining at the holding facility, upon a reasonable period after expiration or revocation of the license, may be disposed of by the board.

10. The board may revoke any license or deny any license application and may dispose of any nontraditional livestock imported or transported for failing to comply with these rules or with conditions placed on the license at the time of issuance. The board may revoke any license or deny any license application if the applicant, or agent, falsified information on the license application or on the certificate of veterinary inspection, or falsified or failed to keep or submit records as required by this chapter. The revocation of a license or denial of a license application must comply with North Dakota Century Code chapter 28-32.

11. Any animal determined by the board to pose a significant threat to the state's wildlife resources, domestic animals, or human health must be held in quarantine at the owner's expense until disposition is determined by the board or the state veterinarian.

Notes

N.D. Admin Code 48.1-09-01-03

Adopted by Administrative Rules Supplement 2016-361, July 2016, effective 7/1/2016.

General Authority: NDCC 36-01-08

Law Implemented: NDCC 36-01-08, 36-01-08.1, 36-01-12