Section 30-02-02-15.1 - Killing of protected species1. It is unlawful to hunt protected wildlife species except when properly licensed for the species being hunted and during an open season and as described by the governor's proclamation. Any licensee whose falconry raptor kills harmless wild birds or game birds as allowed by the governor's proclamation that is out of season or of the wrong species or sex shall leave the dead wildlife where it lies, except that the raptor may feed upon the dead wildlife before leaving the site of the kill. The licensee shall report the kill to the department within twenty-four hours. Kills not reported within twenty-four hours will be deemed a violation.2. In practicing falconry, licensees must ensure that their activities do not cause the take of federally listed threatened or endangered wildlife. "Take" under the Endangered Species Act means "to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct" (Endangered Species Act § 3(19) [16 U.S.C. 1532(19)] . "Harass" means any act that may injure wildlife by disrupting normal behavior, including breeding, feeding, or sheltering, and harm or an act that actually kills or injures wildlife [50 CFR 17.3] . To obtain information about threatened or endangered species contact the United States fish and wildlife service ecological services field office in Bismarck.3. A licensee must report a take of any federally listed threatened or endangered species within twenty-four hours to the United States fish and wildlife service ecological services field office in Bismarck.N.D. Admin Code 30-02-02-15.1
Effective January 1, 2013.General Authority: NDCC 20.1-14-03
Law Implemented: NDCC 20.1-14-03; 50 CFR 21.29