[See also West's North Dakota Century Code Annotated. Title 36. Livestock Chapter 36-01. State Board of Animal Health, NDCC 36-01-00.1 - 35]
Chapter 48.1-09-01. Definitions - General Requirements
48.1-09-01-01. Definitions.
48.1-09-01-02. Categories of nontraditional livestock.
48.1-09-01-03. License requirements for nontraditional livestock category 2 and category 3 species.
48.1-09-01-04. Holding and handling facilities.
48.1-09-01-05. Quarantine facility.
48.1-09-01-06. Fencing requirements.
48.1-09-01-07. Identification.
48.1-09-01-08. Escaped nontraditional livestock.
48.1-09-01-09. Zoos.
Chapter 48.1-09-02. Importation Requirements
48.1-09-02-01. Importation requirements.
Chapter 48.1-09-03. Importation Disease Testing Requirements for Nontraditional Livestock Category 2 Species
48.1-09-03-01. Importation disease testing requirements for nontraditional livestock category 2 species.
Chapter 48.1-09-04. Movement Requirements
48.1-09-04-01. Intrastate movement requirements.
Chapter 48.1-09-05. Disease Control
48.1-09-05-01. Disease control.
48.1-09-05-02. Removal or damaging of official identification tags or markings.
Chapter 48.1-09-06. Category 3 Species
48.1-09-06-01. Housing, handling, health, and importation requirements.
Chapter 48.1-09-01. Definitions - General Requirements
48.1-09-01-01. Definitions.
For purposes of this article:
1. “Confinement” means any structure or other means intended to keep an animal within bounds or restrict its movement.
2. “Environmentally dangerous animal” means animals that are known to cause exceptionally serious depredation to the environment.
3. “Herd” means any group of livestock maintained on common ground, or two or more groups of livestock under common ownership or supervision which are geographically separated from other herds, but can have an interchange or movement without regard to health status, as determined by the state veterinarian.
4. “Hybrid” means an animal produced by interbreeding different species or subspecies. If a hybrid is produced from animals of different nontraditional livestock categories, the produced hybrid animal is classified the highest of the different nontraditional livestock categories of the different species or subspecies regardless of the hybrid ratio.
5. “Importation permit number” means authorization obtained from the board for the importation of animals into the state.
6. “Inherently dangerous animal” means any animal that is intrinsically dangerous by nature and poses life-threatening risks.
7. “License” means a document obtained from the board and issued to a person for the maintenance of a category 2 or category 3 species in the state.
8. “Maintain” means to own, possess, control, restrain, or keep in captivity.
9. “Nontraditional livestock” means any nondomestic species held in confinement or which is physically altered to limit movement and facilitate capture. Nontraditional livestock includes ova, semen, eggs, or embryos of such livestock.
10. “Nontraditional livestock auction permit” means a document that may be issued by the board for organized auctions or sales of category 2 or category 3 nontraditional livestock.
11. “Nonvenomous injurious reptile” means a reptile that is normally considered a nonvenomous or nonpoisonous species where found in its native habitat and which can cause serious bodily injury or death upon a human being.
12. “Protected species” means wild varieties of geese, brant, swans, ducks, plovers, snipes, woodcocks, grouse, sage hens, pheasants, Hungarian partridges, quails, partridges, cranes, rails, coots, wild turkeys, mourning doves, crows, white-tailed deer, mule deer, moose, elk, bighorn sheep, mountain goats, antelope (pronghorn), mink, muskrats, weasels, wolverines, otters, martens, fishers, kit or swift foxes, beavers, raccoons, badgers, wolves, coyotes, bobcats, lynx, mountain lions, black bears, red or gray foxes, and tree squirrels.
13. “Species category list” is a listing of species previously reviewed and currently categorized by the board.
14. “Venomous reptile” means a reptile that is normally considered a venomous or poisonous species where found in its native habitat and which can cause serious bodily injury or death upon a human being, regardless of whether an individual animal has been devenomized.
15. “Wildlife” means any member of the animal kingdom, including any mammal; fish; bird, including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement; amphibian; reptile; mollusk; crustacean; or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. Wildlife does not include domestic animals or birds or animals held in private ownership.
16. “Zone 1” is that area bordered by a line that begins at the junction of the Montana border and Missouri River, runs east along the Missouri River to state highway 49, south to state highway 21, west to state highway 22 to the Slope-Bowman county line, and west to Montana.
17. “Zone 2” is that area bordered by a line that begins at the Minnesota state line on United States highway 2, runs west to Towner and north along the Souris River to the Canadian border.
18. “Zoo” means an organization with a class C exhibitor's license which follows United States department of agriculture regulations and is inspected by USDA-APHIS-VS.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-08.4, 36-01-12
48.1-09-01-02. Categories of nontraditional livestock.
1. Nontraditional livestock category 1 species:
a. Category 1 species of nontraditional livestock are those species generally considered domestic, or other species that are not inherently dangerous, that do not pose a health risk to humans, domestic animals, or wild animals, and do not pose a hazard to the environment, as determined by the board.
b. Category 1 species of nontraditional livestock includes turkeys, geese, and ducks morphologically distinguishable from wild turkeys, geese, ducks, pigeons, rabbits, ratites, chinchilla, Guinea fowl, ranch foxes, ranch mink, peafowl, all pheasants, quail, chukar, hedgehog, degus, and other species as ordered by the board.
c. Category 1 species of nontraditional livestock do not require a nontraditional livestock license, but owners must otherwise comply with the rules in this title.
2. Nontraditional livestock category 2 species:
a. Category 2 species of nontraditional livestock are certain protected species or those species that may pose health risks to humans or animals or may be environmentally hazardous, as determined by the board.
b. Category 2 species of nontraditional livestock includes the following species and their hybrids, all nondomestic ungulates, including all deer (cervidae) and pronghorn, zebras, nondomestic cats not listed in category 3, waterfowl, shorebirds, upland game birds not listed in category 1, crows, wolverines, otters, bats, martens, fishers, kit or swift foxes, badgers, coyotes, mink, red and gray foxes, muskrats, beavers, weasels, opossums, prairie dogs, and other ground squirrels, other species as ordered by the board and the following varieties of sheep: black Hawaiian, Corsican, painted desert, multi-horned hair, New Mexico dall, Texas dall, and desert sand.
3. Nontraditional livestock category 3 species:
a. Category 3 species of nontraditional livestock are those species that pose special concerns, including species which are inherently dangerous or environmentally hazardous.
b. Category 3 species of nontraditional livestock includes the following species and their hybrids:
(1) All wild species of the family suidae, except swine considered domestic in the state by the board.
(2) Big cats, including mountain lion, jaguar, leopard, lion, tiger, and cheetah.
(3) Bears.
(4) Wolves.
(5) Venomous reptiles and nonvenomous injurious reptiles.
(6) Primates.
(7) Nondomestic sheep and nondomestic goats not listed in nontraditional livestock category 2.
(8) Other species as ordered by the board.
4. Exempt animals. Unless the state veterinarian determines it is necessary based on disease incidence information or human health or safety concerns, the following are exempt from the importation permit and certificate of veterinary inspection requirement:
a. Arachnids.
b. Amphibians.
c. Invertebrates.
d. Nonvenomous noninjurious reptiles.
e. Tropical freshwater and saltwater fish.
f. Gerbils.
g. Guinea pigs.
h. Hamsters.
i. Mice.
j. Rats.
k. Sugar gliders.
5. Prohibited animals. The board may prohibit, by policy or rule, ownership or possession of any animal deemed to be a significant threat to human or animal health in the state.
a. Skunks and raccoons may not be imported into the state for any purpose.
(1) If the state veterinarian determines that a skunk or raccoon is being kept in captivity in violation of North Dakota Century Code section 36-01-08.4, the state veterinarian may serve upon the owner or keeper of such skunk or raccoon a notice of intent to confiscate the animal.
(2) The owner or keeper of the animal may request a hearing within ten days of receipt of the notice. Such a hearing, if requested, must be conducted by an administrative law judge, who shall make a recommended decision to the board.
(3) If the owner or keeper of the animal does not request a hearing within the prescribed time period, the state veterinarian may confiscate and place the animal at a licensed zoo, if feasible, or have it humanely destroyed.
(4) The state veterinarian may obtain the assistance of agents and employees of other state agencies or local law enforcement officials in carrying out this chapter and North Dakota Century Code section 36-01-08.4.
6. Nontraditional livestock not otherwise referred to in this section or Century Code must be reviewed by the board for determination of importation requirements and licensure requirements prior to importation.
7. Reclassification of any species is contingent upon scientific information indicating the risks posed by these species to native wildlife populations and domestic animals and must be reviewed by the board.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-08.4, 36-01-12
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.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-08.1, 36-01-12
48.1-09-01-04. Holding and handling facilities.
1. A license or permit may not be granted by the board until it is satisfied that the provisions for housing and caring for such nontraditional livestock and for protecting the public are proper and adequate and in accordance with the standards prescribed by the board.
2. The board may examine all lands and buildings licensed as game bird and animal farms, deer farms, or fur farms to determine whether all nontraditional livestock held on licensed farms are treated in a humane manner and confined under sanitary conditions with proper and adequate housing, care, and food.
3. Category 2 or category 3 nontraditional livestock operators must have holding and handling facilities that enable handling, marketing, and individual identification of all nontraditional livestock on the premises. A permanent or portable handling facility must be accessible to the nontraditional livestock farm at all times. If the handling facility is adjacent to the perimeter, additional fencing may be required.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12
48.1-09-01-05. Quarantine facility.
1. Category 2 and category 3 nontraditional livestock premises must have an approved quarantine facility within its exterior boundary or submit an action plan to the board that guarantees access to an approved quarantine facility within the state.
2. If the state veterinarian imposes a quarantine, the nontraditional livestock owner shall provide an onsite quarantine facility or make arrangements at the owner's expense to transport the animals to the approved quarantine facility named in the quarantine action plan.
3. The quarantine facility must meet standards prescribed by the state veterinarian concerning isolation, separate feed and water, escape security, and the humane holding and care of any quarantined nontraditional livestock for extended periods of time.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12
48.1-09-01-06. Fencing requirements.
1. Owners of all categories of nontraditional livestock shall comply with fencing or enclosure standards that will assure containment.
2. Unless otherwise specified, perimeter fences for cervids, nondomestic sheep and goats, and nondomestic hybrid sheep and goats must follow the height requirements in this section. The bottom of the fence must be at or below ground level. The fence must be a mesh of a size to prevent escape and not spaced more than six inches apart.
a. Electric fencing materials may be used on perimeter fences, only as a supplement to conventional fencing materials.
b. All gates in the perimeter fence must be locked and there must not be more than six inches below or between gates.
c. Posts must be of sufficient strength to keep nontraditional livestock securely contained. The posts must extend to the upper limits of the height requirement and be spaced no more than twenty-four feet apart.
d. Each fawning or lambing pen may not exceed one hundred sixty acres.
e. The minimum standards for perimeter fences are as follows:
(1) A four-foot fence for small cervid species, including muntjac.
(2) A four-foot fence made of twelve-gauge or heavier woven wire, or other material of similar strength for black Hawaiian, Corsican, painted desert, multi-horned hair, Texas dall, New Mexico dall, and desert sand sheep.
(3) A six-foot fence for fallow deer.
(4) An eight-foot fence for white-tailed deer, mule deer, red deer, category 3 nondomestic sheep, and category 3 nondomestic goats.
3. Animals may be subject to additional fencing requirements at the discretion of the state veterinarian.
History: Effective July 1, 216. [sic]
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12
48.1-09-01-07. Identification.
1. Category 2 and category 3 nontraditional livestock maintained within North Dakota or transferred to any nontraditional livestock premises within the state of North Dakota must be identified as prescribed by the board.
2. Category 2 or category 3 hoofed nontraditional livestock not distinguishable from wild species must be identified individually with a visual tag approved by the board and must be marked within twelve months of birth, and before removal of the animal from the nontraditional livestock premises.
3. An owner of category 2 or category 3 nontraditional livestock shall record the number and other information as specified and approved by the board.
4. Change of animal identification must be reported on the annual inventory report.
5. Identification assigned to an individual nontraditional livestock animal may not be transferred to any other animal.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-08.2, 36-01-12
48.1-09-01-08. Escaped nontraditional livestock.
1. Category 2 or category 3 nontraditional livestock escapes must be reported to the board within one working day of discovery.
2. An owner of category 2 or category 3 nontraditional livestock shall notify the board within one working day of the capture or death of an escaped category 2 or category 3 animal.
3. An owner of category 2 or category 3 nontraditional livestock shall recapture or destroy the escaped category 2 or category 3 animal within four days, except where public safety or the health of the domestic or wild population is at risk, in which case the animal may be disposed of immediately. An extension may be granted at the discretion of the state veterinarian.
4. The board may authorize an agent to seize, capture, or destroy category 2 or category 3 nontraditional livestock that have escaped and are outside the control of the producer.
a. A reasonable fee will be assessed to the owner to seize, capture, or destroy the animal.
b. The owner must reimburse costs, not to exceed fifty dollars per animal, to the responding agent.
5. The board may inspect any recaptured animal before it is commingled with other animals.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12, 36-01-12.2
Licensed zoos, research facilities, education facilities, and class B brokers, as defined by the United States department of agriculture, dealing with a licensed zoo, shall comply with requirements established for nontraditional livestock. Zoos accredited by the American zoo and aquarium association importing exotic animals shall coordinate directly with the state veterinarian's office.
1. Exemptions to specific testing may be allowed by the state veterinarian for endangered or highly valuable animals in instances where risk of harm or death due to drug immobilization or physical restraint outweighs the likelihood that the animal harbors the disease in question.
2. The state veterinarian shall determine any testing needed. Zoos must conduct testing that is deemed appropriate by the state veterinarian.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12
48.1-09-02-01. Importation requirements.
Nontraditional livestock may be imported into North Dakota only after the owner of the nontraditional livestock:
1. Obtains a certificate of veterinary inspection. The certificate of veterinary inspection must include specific disease test results, vaccinations, and health statements required by this chapter.
2. Obtains an importation permit number from the office of the state veterinarian. The state veterinarian may deny a request for an importation permit number if the state veterinarian has information that an animal:
a. Has not met the disease testing, vaccination, or identification requirements set forth in North Dakota Century Code title 36 or this title, or as otherwise required by the state veterinarian;
b. Has not met any pre-entry quarantine conditions imposed by law;
c. Has been exposed to, may have been exposed to, is infected with, or may be infected with any contagious or infectious disease;
d. Is or may originate from an area or premises under quarantine or other form of official or regulatory action relating to contagious or infectious disease; or
e. May be a threat to the health and well-being of the human or animal population of the state, or both.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12, 36-01-34, 36-14-11
48.1-09-03-01. Importation disease testing requirements for nontraditional livestock category 2 species.
1. Brucellosis.
a. Reindeer (rangifer):
(1) For certified brucellosis-free cervid herds, no movement testing is required.
(2) For brucellosis-monitored cervid herds, all sexually intact animals six months of age or older must test negative for brucellosis by four different official tests as specified by the state veterinarian within ninety days prior to importation.
b. All other cervidae:
(1) For certified brucellosis-free cervid herds, no movement testing is required.
(2) For brucellosis-monitored cervid herds, all sexually intact animals six months of age or older must test negative for brucellosis by two different official tests within ninety days prior to importation.
(3) For herds with unknown status, all sexually intact animals six months of age or older must test negative for brucellosis by two different official brucellosis tests within thirty days prior to importation.
c. Category 2 nondomestic sheep must:
(1) Test negative for Brucella ovis by an official test approved by the state veterinarian within thirty days prior to importation.
(2) Test negative for Brucella abortus by two different official tests approved by the state veterinarian within thirty days prior to importation.
d. For all other species, testing requirements will be determined on a species-by-species basis by the state veterinarian.
2. Chronic wasting disease requirements for white-tailed deer, mule deer, moose, red deer, and other species determined to be susceptible to chronic wasting disease:
a. Animals must pass a satisfactory risk assessment for chronic wasting disease, conducted by the state veterinarian's office. The state veterinarian's office shall notify an applicant submitting a chronic wasting disease risk assessment form of the decision within ten days of the form submission. Persons seeking an importation permit for these species shall ship the animals within thirty days of state veterinarian office approval. After thirty days, a new risk assessment form application must be submitted and approved prior to shipment.
b. The following statement must be verified on the certificate of veterinary inspection by the herd veterinarian:
“These animals and the herd from which the animals originate have no history of emaciation, depression, excessive salivation or thirst, or neurological disease. In the event of these symptoms, appropriate diagnostic measures were taken to rule out a transmissible spongiform encephalopathy. These animals have not been exposed to an elk or deer diagnosed positive for a transmissible spongiform encephalopathy.”
c. No animals may be imported from a herd in which chronic wasting disease has been diagnosed or a herd that has had chronic wasting disease traced to it unless that herd has undergone sixty months of surveillance after the last case of chronic wasting disease. The surveillance must meet the standards set by the state veterinarian.
d. The office of the state veterinarian may waive the requirement for a risk assessment if the herd of origin has been under surveillance for chronic wasting disease for at least sixty months. The surveillance must meet the standards prescribed by the state veterinarian.
3. Equine infectious anemia. Equidae must have a negative serologic test for equine infectious anemia approved by the state veterinarian within twelve months prior to importation into North Dakota.
4. Johne's disease. For all ruminants, the following statement must be included on the certificate of veterinary inspection, signed by a licensed, accredited veterinarian in the state or province of origin:
“To the best of my knowledge, animals listed herein are not infected with paratuberculosis (Johne's disease) and have not been exposed to animals infected with paratuberculosis.”
5. Rabies. With respect to captive-bred animals of the order carnivora, vaccination is required for species for which there is an United States department of agriculture-approved vaccine. For species for which there is no United States department of agriculture-approved vaccination, the following statement must be included on the certificate of veterinary inspection:
“The animals on the premises of origin have been free from symptoms of rabies for the past 12 months.”
Carnivores taken from the wild in other states may not enter the state if rabies has been diagnosed in the past twelve months in the same species in the state of origin. The animals may not come from an area that is quarantined for rabies, unless approved by the North Dakota state veterinarian.
6. Scrapie. Nondomestic sheep must be free of any signs of scrapie as determined by an accredited veterinarian. The certificate of veterinary inspection for sheep must contain a written statement signed by the consignor stating that:
“To the best of my knowledge, the sheep listed on this certificate originate from a flock that has not been diagnosed as a scrapie-infected, source, or exposed flock in the past sixth months.”
7. Tuberculosis.
a. Tuberculosis requirements for states with tuberculosis-modified accredited cervid status:
(1) Cervids that are moved directly to slaughter at an approved slaughtering establishment do not require tuberculosis testing.
(2) Cervids from a herd with a current accredited-free cervid status for tuberculosis may be moved to any licensed nontraditional livestock facility provided the cervids meet the following requirements:
(a) The cervids are accompanied by a certificate stating that the accredited herd completed the testing necessary for accredited status with negative results within thirty-six months prior to the movement.
(b) Cervids, except animals nursing negative-tested dams, originating in a state or zone lacking bovine accredited-free status must test negative to an official test for bovine tuberculosis within ninety days of movement or consignment.
(3) Cervids from a cervid tuberculosis-qualified herd may be moved to any licensed nontraditional livestock facility provided the cervids meet the following requirements:
(a) The cervids are accompanied by a certificate stating that all animals in the movement, except animals nursing negative-tested dams, were negative to an official test for bovine tuberculosis conducted within six months prior to the movement.
(b) Cervids, except animals nursing negative-tested dams, originating in a state or zone lacking bovine accredited-free status must test negative to an official test for bovine tuberculosis within ninety days of movement or consignment.
(4) Cervids from a cervid tuberculosis-monitored herd may be moved to any licensed nontraditional livestock facility provided the cervids are accompanied by a certificate stating that all animals in the movement, except animals nursing negative-tested dams, were negative to an official test for bovine tuberculosis conducted within ninety days prior to the movement.
(5) Cervids from herds of unknown cervid tuberculosis status may be moved to any licensed nontraditional livestock facility provided the cervids meet the following requirements:
(a) The cervids are accompanied by a certificate stating that all animals in the movement, except animals nursing negative-tested dams, were negative to two official tests for bovine tuberculosis. The required tests must be conducted not less than ninety days apart, with the second test conducted within ninety days of the movement.
(b) Cervids, except animals nursing negative-tested dams, in a consignment that is being moved from a herd located in a state or zone lacking accredited-free status for bovine tuberculosis must be from a herd that has had a negative official test for bovine tuberculosis within twelve months prior to the movement. All farmed cervids in the movement, except animals nursing negative-tested dams, must be negative to a second official test for bovine tuberculosis conducted within ninety days prior to the movement unless the herd of origin herd test was conducted within ninety days prior to the movement.
b. Tuberculosis requirements for states without tuberculosis-modified accredited cervid status may be subject to additional importation requirements at the discretion of the state veterinarian.
c. Category 2 nondomestic sheep must test negative for tuberculosis within thirty days prior to importation.
d. Tuberculosis requirements for all other species will be determined on a species-by-species basis by the state veterinarian.
8. Diseases of birds:
a. Pullorum and fowl typhoid (galliformes):
(1) Galliformes, including prairie chicken, quail, pheasant, chukar, gray (Hungarian) partridge, and wild turkey over five months of age, imported for breeding purposes, must test negative for pullorum-typhoid disease within thirty days prior to entry or originate from qualified flocks, unless originating from a disease-free area as determined by the state veterinarian.
(2) Poultry under five months of age and hatching eggs imported or offered for sale in the state must originate from qualified flocks.
(3) In lieu of pullorum and fowl typhoid testing of other galliformes, the following statement, signed by the veterinarian and the owner or owner's agent, may be included on the certificate of veterinary inspection:
“To my knowledge, birds listed herein are not infected with pullorum or fowl typhoid and have not been exposed to birds infected with pullorum or fowl typhoid during the past twelve months.”
b. Exotic Newcastle disease (viscerotropic, velogenic viruses) psittacosis (Psittacines). The following statement, which applies to all psittacine birds entering the state, must be included on the certificate of veterinary inspection and be signed by the veterinarian and the owner or owner's agent:
“To my knowledge, birds listed herein are not infected with exotic Newcastle disease or psittacosis and have not been exposed to birds known to be infected with exotic Newcastle disease or psittacosis within the past thirty days.”
c. Mycoplasmosis. Wild turkeys, including eggs and hatchlings of the species meleagris gallopavo, unless going directly to slaughter, must:
(1) Originate from a producer who is participating in the mycoplasmosis control phase of the national poultry improvement plan; or
(2) The birds must have been tested serologically negative for mycoplasma gallisepticum and M. synoviae within the past thirty days.
d. Avian influenza. The following statement, which applies to birds entering the state, must be included on the certificate of veterinary inspection and be signed by the veterinarian and the owner or owner's agent:
“To my knowledge, birds listed herein are not infected with avian influenza and have not been exposed to birds known to be infected with avian influenza.”
9. Additional disease testing may be required by the board prior to importation or sale if there is reason to believe other diseases, parasites, or health risks are present.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12
48.1-09-04-01. Intrastate movement requirements.
1. Red deer and red deer hybrids may not be imported into or allowed in zone 1 or zone 2.
2. Board approval must be obtained to possess nondomestic sheep and hybrids or nondomestic goats and hybrids south and west of the Missouri River.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12
48.1-09-05-01. Disease control.
1. Anthrax.
a. Nontraditional livestock susceptible to anthrax located on farms where anthrax has been diagnosed must be vaccinated. Nontraditional livestock must be quarantined for thirty days after the death of the last animal or thirty days following vaccination, whichever occurs last.
b. Sale of hides removed from nontraditional livestock infected with anthrax is prohibited.
2. Brucellosis.
a. The recommended brucellosis eradication uniform methods and rules as they appear in publication of the USDA-APHIS-VS are hereby adopted and constitute a rule of the board, unless otherwise ordered by the board.
b. Condemnation of infected animals.
(1) The state veterinarian shall determine when an animal is infected with brucellosis, and if infected, shall condemn the animal.
(2) Nontraditional livestock that are condemned due to brucellosis must be marked in accordance with a method prescribed by the state veterinarian.
(3) Animals must be slaughtered within thirty days following condemnation.
c. Sale of nontraditional livestock out of brucellosis-infected herds. Herds of animals infected with brucellosis must be quarantined, with the quarantine prohibiting sale of all intact bulls and females, except to licensed, monitored feedlots or for slaughter, under written permit. Such animals must be held separate and apart. The state veterinarian may grant an exception by official permit as provided in this section.
3. Chronic wasting disease.
a. If any white-tailed deer, mule deer, moose, or other susceptible species twelve months of age and older die for any reason, the owner shall submit the appropriate sample to an approved laboratory for chronic wasting disease surveillance as soon as practicable. Official identification must accompany the sample to the laboratory.
b. A chronic wasting disease diagnosis will be based on postmortem sample testing confirmed by the national veterinary services laboratory.
c. Other species may be subject to this requirement as determined by the state veterinarian.
d. The state veterinarian may grant exemptions to this surveillance.
e. Herd disposition upon diagnosis with chronic wasting disease.
(1) A herd containing animals diagnosed with chronic wasting disease, or which has had chronic wasting disease traced back to the herd, must be quarantined until the herd is depopulated or until a herd plan is established.
(2) If depopulation is not practicable, the owner and the state veterinarian shall develop a herd plan according to the following:
(a) If the herd displays no evidence of disease transmission within the herd as determined by an epidemiological investigation by the state veterinarian or a validated test, the herd plan must include provisions for:
[1] Herd inspection by board agents;
[2] Herd inventory with annual verification;
[3] Herd surveillance (mandatory death reporting and chronic wasting disease testing for sixty months from the last case or exposure);
[4] Separation of high-risk animals (high-risk animals are pen mates of an affected animal for twelve months prior to the death of the affected animal and all animals related to the affected animal); and
[5] High-risk animals must be quarantined for sixty months from the last case or exposure or euthanized and tested for chronic wasting disease.
(b) If the herd displays evidence of disease transmission within the herd as determined by an epidemiological investigation by the state veterinarian or a validated test, the herd plan must include provisions for:
[1] Herd inspection by board agents;
[2] Herd surveillance (mandatory death reporting and chronic wasting disease testing for sixty months from the last case or exposure);
[3] Separation of high-risk animals;
[4] High-risk animals must be quarantined for sixty months from the last case or exposure; and
[5] The entire herd must be quarantined for sixty months from the last case or exposure.
(c) If the herd is a trace herd as determined by an epidemiological investigation by the state veterinarian or a validated test, the herd plan must include provisions for:
[1] Herd inspection by board agents;
[2] Herd inventory with annual verification;
[3] Herd surveillance (mandatory death reporting and chronic wasting disease testing for sixty months from the last case or exposure); and
[4] Separation of high-risk animals and quarantine for sixty months from the last exposure or death of high-risk animals and testing for chronic wasting disease.
4. Tuberculosis.
a. Uniform methods and rules - Tuberculosis. The current uniform methods and rules on cervid tuberculosis eradication as they appear in publication of USDA-APHIS-VS are hereby adopted and constitute a rule of the board unless otherwise ordered by the board.
b. Condemnation of infected animals.
(1) The state veterinarian shall determine when an animal is infected with tuberculosis, and if infected, shall condemn the animal.
(2) Animals that are determined to be infected with tuberculosis must be marked in accordance with a method prescribed by the state veterinarian.
(3) Animals must be slaughtered within thirty days following condemnation.
c. Reactors to tuberculosis must be accompanied by the proper official permit and are to be slaughtered in slaughter establishments under the supervision of the federal government or in another facility approved by the state veterinarian.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12
48.1-09-05-02. Removal or damaging of official identification tags or markings.
Official identification or reactor tags or markings may not be removed or tampered with without approval by the state veterinarian.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08
48.1-09-06-01. Housing, handling, health, and importation requirements.
1. Suidae including wild species of the family suidae (hogs and pigs), except swine considered domestic in the state by the board.
a. Importation requirements for wild species of the family suidae (hogs and pigs), except swine considered domestic in the state by the board.
(1) Certificate of veterinary inspection and importation permit number from the board.
(2) Negative pseudorabies serologic test approved by the state veterinarian within thirty days prior to entry into the state.
(3) Negative brucellosis test within thirty days of importation.
b. Housing requirements (perimeter fence aboveground) an confinement or holding area:
(1) Perimeter fence at least six feet tall must be present.
(2) Twelve-gauge or stronger mesh is required and must be no greater than three inches by four inches.
(3) Four-inch diameter treated posts or two-inch steel pipes must be no more than eight feet apart. Posts must be set three feet deep.
(4) Fence must be attached on the inside.
(5) Two electric wires must be six inches inside the fence.
(a) The first wire must be six to eight inches above the ground.
(b) The second wire must be eight to twelve inches above the first wire.
(c) Generator backup is required.
(d) Snow that could affect the integrity of the fence must be removed before animals are allowed into the enclosure.
(e) Electric fence must be maintained in working order and be kept clear of foliage and debris.
(6) If a wooden structure is used, posts must be no more than eight feet apart with a gap no more than four inches between planks, except if young pigs are present, the fencing gaps must be no more than two inches.
(7) In the confinement area, an underground fence must be constructed with concrete or imperviable surface comparable to concrete that meets the following requirements:
(a) Same strength as perimeter fence.
(b) Buried two feet below ground.
(c) Three feet angled forty-five degrees toward interior of enclosure.
(d) Four to six inches aboveground overlapped and attached to aboveground fence to monitor and ensure proper connection.
c. Gates in confinement area must meet the following requirements:
(1) A gate at least six feet tall must be present.
(2) Any gaps must be less than four inches between the gate and ground, except if young pigs are present, the fencing gaps must be no more than two inches.
(3) An electric wire must span across the gate. The electric fence must be constructed of twelve-gauge wire and consist of a minimum of a two-joules charge.
(4) An underground fence must span the gate opening and must anchor the gating to the ground with a two-inch steel pipe or equivalent.
2. Large felids and felid hybrids, including mountain lions, jaguars, leopards, lions, tigers, and cheetahs:
a. Large felids that are in the presence of persons other than the owner, handler, or immediate family must be under the direct control and supervision of the owner or handler at all times.
b. Importation for large felids requires a certificate of veterinary inspection and importation permit number from the board.
c. Housing requirements for large felids:
(1) Maintained in enclosures utilizing thick laminated safety glass, bars, or sturdy wire or in large outdoor exhibits employing barriers to separate animals and the public.
(2) A cage for a single animal must measure at least twenty feet wide by fifteen feet deep.
(3) Cages must be fifty percent larger per additional animal.
(4) Enclosures must have smaller shift facilities to permit safe cleaning, cage repair, or other separations. Shift cages must measure at least eight feet by eight feet.
(5) Enclosures must be made of steel chain link fencing of at least twelve-gauge strength, or material of adequate strength as approved by the state veterinarian, fastened to a cement floor. If a dirt floor is used, an underfencing must extend at least forty-two inches into the pen. The underfencing must be covered with adequate layers of dirt, gravel, or other substrate and any holes checked and refilled on a regular basis.
(6) A guard rail or natural barrier must be in place which is at least three feet in height, providing a minimum of a four-foot distance between the enclosure and people in areas where people, other than the owner or handler, have access to the enclosure.
(7) A perimeter fence at least eight feet high and at least four feet from the primary enclosure must be in place to keep animals and persons out of the enclosure and to act as a secondary security measure should an animal escape.
d. Additional housing requirements for very large pantherids (lions and tigers):
(1) Outdoor cages must have vertical walls at least sixteen feet high, or thirteen feet high with a minimum three-foot overhang, or be provided with tops at least ten feet high.
(2) Raised shelves or ledges for sleeping and resting and large logs for claw sharpening.
e. Additional housing requirements for cheetahs. Cages must have vertical walls at least eight feet high.
f. Additional housing requirements for other large felids (leopards, jaguars, and mountain lions (pumas or cougars)):
(1) Elevated ledges or perches for sleeping and resting.
(2) Wood logs or other such materials for claw sharpening.
(3) Enclosures housing leopards and jaguars, whether indoors or outdoors must have secure tops.
(4) An outdoor cage housing mountain lions must be at least eight feet high with an additional overhang of fencing angling into the pen at least three feet or six feet high with a ceiling.
3. Bears.
a. Bears, which are in the presence of persons other than the owner, handler, or immediate family, must be under the direct control and supervision of the owner or handler at all times.
b. Importation requirements for all bears are a certificate of veterinary inspection and importation permit number from the board.
c. Housing requirements for bears:
(1) Outdoor enclosures employing barriers, thick laminated safety glass, or bars. When used, dry moats must be at least twelve feet wide and twelve feet deep.
(2) A dry resting and social area, pool, and den.
(3) The use of electric wires or other means to discourage fence climbing.
(4) In addition to the primary enclosure:
(a) Den space for a single bear must measure at least six feet in width and depth and be at least five feet in height.
(b) Visual barriers, such as logs or boulders, added to enclosures housing more than one animal.
(c) Adequate shade provided to simultaneously accommodate all individuals housed within the enclosure.
(d) Smaller shift facilities to permit safe cleaning, cage repair, or other separations. Shift cages must be at least eight feet by eight feet.
(5) Fences for all species must be fastened to a cement floor, or if a dirt floor is used, underfencing with a strength equal to the primary fencing must extend at least forty-two inches into the pen.
(6) The underfencing must be covered with a minimum of two feet of dirt, gravel, or other substrate and any holes checked and refilled on a regular basis.
d. Additional housing requirements for polar bears, brown bears, and grizzly bears:
(1) If vertical walls are used as a primary barrier, they must be at least twelve feet high.
(2) Adjoining facilities to permit safe cleaning and additional separation.
(3) The dry resting and social area for one or two adult bears must measure at least four hundred square feet with an additional forty square feet provided for each additional bear.
(4) Fencing must be a minimum of four-gauge steel chain link or equivalent.
e. Additional housing requirements for American black bears, Asiatic black bears, sloth bears, spectacled bears, and sun bears:
(1) Three hundred square feet of dry resting and social area must be provided for one or two animals and be increased by fifty percent for each additional animal.
(2) Fencing must be minimum of nine-gauge steel chain link or equivalent.
(3) Fencing height must be a minimum of ten feet with a top or twelve feet with an additional three-foot overhang.
4. Wolves and wolf hybrids.
a. Any wolf that is in the presence of persons other than the owner, handler, or immediate family must be under the direct control and supervision of the owner or handler at all times.
b. Importation requirements for wolves:
(1) A certificate of veterinary inspection and importation permit number from the board.
(2) A statement on the certificate of veterinary inspection that the animal has not been exposed to rabies.
(3) The animal cannot be imported from an area that is quarantined for rabies, unless approved by the state veterinarian.
c. Outdoor housing or holding facility requirements for wolves:
(1) Minimum floor space per animal must be two hundred square feet and floor space must be increased by one hundred square feet for each additional animal. The enclosure must be at least eight feet high with an additional overhang of fencing angling into the pen or six feet high with a ceiling.
(2) The enclosure must be made of steel chain link fencing of at least twelve-gauge strength, or fencing of adequate strength as approved by the state veterinarian, fastened to a cement floor. If a dirt floor is used, underfencing must extend at least forty-two inches into the pen. The underfencing must be covered with adequate layers of dirt, gravel, or other substrate and any holes checked and refilled on a regular basis.
(3) Gates must have locks to prevent unauthorized entry of individuals.
(4) Shade and shelter from elements and inclement weather must be provided.
(5) A perimeter fence meeting the requirements of title 9, Code of Federal Regulations, sections 3.75, 3.77, and 3.78, must be required if the animal is kept within the city limits or other populated areas as determined by the state veterinarian.
5. Venomous reptiles and nonvenomous injurious reptiles.
a. A license to possess a venomous reptile may only be issued if the applicant seeking the nontraditional livestock license demonstrates an educational purpose for and the ability to appropriately house, feed, care for, handle, and, if necessary, dispose of the reptile. An educational purpose includes research and displays at schools, institutions of higher education, wildlife preserves, zoos, and other bona fide educational displays approved by the state veterinarian.
b. A license to possess a nonvenomous injurious reptile may only be issued if the applicant seeking the nontraditional livestock license demonstrates the ability to appropriately house, feed, care for, handle, and, if necessary, dispose of the reptile.
c. The permittee shall provide documentation to the state veterinarian of the permittee's experience with these types of animals and the permittee's ability to safely maintain and control the animals.
d. Importation for venomous reptiles or nonvenomous injurious reptiles requires a certificate of veterinary inspection and importation permit from the board.
e. Premises where venomous reptiles are kept on display to the public must be posted with a notice clearly and conspicuously posted to provide the location of the nearest, most readily available source of appropriate antivenin and a written plan of action in the event of a venomous reptile bite.
(1) This plan of action must receive the written approval of a local medical facility, and a copy of the plan of action and the approval of the medical facility must be provided to the board.
(2) The person possessing the venomous reptile shall arrange for appropriate antivenin to be readily available through a local hospital, the name, address, and telephone number of which must be affixed to the enclosure.
f. Written animal escape emergency procedures must be clearly and conspicuously posted in the building housing venomous reptiles or nonvenomous injurious reptiles and must be supplied to the board at the time the permit application is initially submitted.
g. Written notice of the presence on the premises of venomous or nonvenomous injurious reptiles must be provided to the local police, firefighters, and emergency medical personnel, including an identification of the animals possessed and the location of the animals within the premises.
h. If a venomous or nonvenomous injurious reptile is transported or removed from its primary enclosure for feeding or in order to clean the enclosure, the reptile must be kept in a fully enclosed container with a secure and locked lid which has air holes or other means of ventilation.
i. Snake hooks must be present for caring for venomous snakes.
j. The permittee shall telephonically notify the board of any reptile bite on humans or escapes of any reptiles within twenty-four hours and provide a written report of the incident to the board within seven days.
k. Housing requirements for venomous reptiles:
(1) An enclosure or container containing venomous reptiles must be clearly labeled as “Venomous” and be labeled with the common and scientific name of the species as well as the number of animals contained inside.
(2) Venomous reptiles in captivity must be kept in a cage or in a safety glass enclosure sufficiently strong, and in the case of a cage, of small enough mesh to prevent the animal's escape and with double walls sufficient to prevent penetration of fangs to the outside. All enclosures and access to them must be locked.
l. Housing requirements for nonvenomous injurious reptiles:
(1) An enclosure or container containing nonvenomous injurious reptiles must be clearly labeled with safety concerns and be labeled with the common and scientific name of the species as well as the number of animals contained inside.
(2) Nonvenomous injurious reptiles in captivity must be kept in a cage or in a safety glass enclosure sufficiently strong, and in the case of a cage, of small enough mesh to prevent the animal's escape. All enclosures and access to them must be locked.
6. Primates:
a. Any primate that is in the presence of persons other than the owner, handler, or immediate family must be under the direct control and supervision of the owner or handler at all times.
b. Importation for primates requires a certificate of veterinary inspection and an importation permit number issued by the board containing the following:
(1) Negative tuberculosis test within thirty days of importation into the state, with mammalian tuberculin used in testing.
(2) Negative hepatitis A test.
(3) Fecal sample tested negative for parasites, shigella, and salmonella.
(4) Statement that a primate has not shown signs of or been exposed to infectious disease in the last one hundred eighty days.
c. Requirements for maintaining a primate after importation:
(1) Negative tuberculosis test prior to renewal of license.
(2) Negative tuberculosis test within thirty days of change of ownership.
d. General housing requirements for primates:
(1) Primate housing must comply with title 9, Code of Federal Regulations, section 3.75.
(2) Primates must have a dedicated primary enclosure area, such as a room or cage-type enclosure, separate from other living areas of human occupants.
e. Space requirements for primates:
(1) Indoor primate enclosures must be at least two square feet per pound of adult body weight per animal. This figure must be increased by fifty percent for each additional animal. The height of the primate primary enclosure area must be at least four times taller than the animal's body length.
(2) Primates kept outdoors must have a dedicated enclosure with a perimeter fence. The enclosure must include a roof, shelter from the elements, fence, and a lock on the enclosure. The dimensions of the outdoor enclosure must be at least as large as required for the indoor enclosure.
7. Nondomestic sheep and hybrids and nondomestic goats:
a. Import requirements for category 3 nondomestic sheep and nondomestic goats in addition to those listed in section 48.1-09-02-01:
(1) A certificate of veterinary inspection and importation permit number from the board.
(2) Official identification approved by the state veterinarian.
(3) Negative tuberculosis test within thirty days.
(4) Negative test for Brucella ovis by an official test approved by the state veterinarian within thirty days prior to importation.
(5) Negative test for Brucella abortus by two different official tests approved by the state veterinarian within thirty days prior to importation.
(6) Animals must be free of any signs of scrapie as determined by an accredited veterinarian. The certificate of veterinary inspection must contain a written statement, signed by the consignor, stating that:
“To the best of my knowledge, the sheep listed on this certificate originate from a flock that has not been diagnosed as a scrapie-infected, source, or exposed flock in the past sixty months.”
(7) Special permission must be obtained from the board to possess nondomestic sheep and hybrids and nondomestic goats and hybrids south and west of the Missouri River.
b. Fencing requirements for category 3 nondomestic sheep and nondomestic goats:
(1) Fencing must be at least eight feet high and made of twelve-gauge or heavier woven wire, or other material of similar strength.
(2) The bottom of the fence must be at or below ground level.
(3) Gates in the perimeter fence must be locked and there must not be more than six inches below or between gates.
(4) A handling and holding facility, adequate to handle nondomestic sheep or goats, or both, must be in place.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12, 36-01-31