# Title 48.1 — State Board of Animal Health

## Article 48.1-09 — Nontraditional Livestock

## Chapter 48.1-09-01 — Definitions - General Requirements

Species
Species
### § 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. "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; amended effective July 1, 2024.
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.
l. Ova, semen, eggs or embryos of nontraditional livestock.
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; amended effective July 1, 2024.
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 [15.24 centimeters] 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 [15.24 centimeters] 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 [7.32 meters] apart.
d. Each fawning or lambing pen may not exceed one hundred sixty acres [64.75 hectares].
e. The minimum standards for perimeter fences are as follows:
(1) A four-foot [1.22-meter] fence for small cervid species, including muntjac.
(2) A four-foot [1.22-meter] 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 [1.83-meter] fence for fallow deer.
(4) An eight-foot [2.44-meter] 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, 2016; amended effective July 1, 2024.
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
### § 48.1-09-01-09. Zoos.

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
