§ 113-331. Definitions. - North Carolina Statutes

Article 25.

Endangered and Threatened Wildlife and WildlifeSpecies of Special Concern.

§ 113‑331.  Definitions.

All of the definitions contained in Article 12 of this Chapter 113shall apply in this Article except to the extent that they may be herein modifiedfor the purposes of this Article 25.  As used in this Article, unless thecontext requires otherwise:

(1)        "Conserve" and "conservation" mean theuse and application of all methods, procedures and biological information forthe purpose of bringing populations of native and once‑native species ofwildlife in balance with the optimum carrying capacity of their habitat, andmaintaining such balance.  These methods and procedures include all activitiesassociated with scientific resource management such as research; census; lawenforcement; habitat protection, acquisition, and enhancement; and restorationof species to unoccupied parts of historic range.  With respect to endangeredand threatened species, the terms mean the use of methods and procedures to bringthe species to the point at which the measures provided are no longernecessary.

(2)        "Endangered species" means any native or once‑nativespecies of wild animal whose continued existence as a viable component of theState's fauna is determined by the Wildlife Resources Commission to be injeopardy or any species of wild animal determined to be an "endangeredspecies" pursuant to the Endangered Species Act.

(3)        "Endangered Species Act" means the EndangeredSpecies Act of 1973, Public Law 93‑205 (87 Stat. 884), as it may besubsequently amended.

(4)        "Advisory Committee" means the North CarolinaNongame Wildlife Advisory Committee which is the advisory body of knowledgeableand representative citizens established by resolution of the Wildlife ResourcesCommission and charged to consider matters relating to nongame wildlifeconservation and to advise the Commission in such matters.

(5)        "Protected animal" means a species of wild animaldesignated by the Wildlife Resources Commission as endangered, threatened, orof special concern.

(6)        "Protected animal list" means any one of the listsof North Carolina animal species that are endangered, threatened, or of specialconcern.

(7)        "Scientific council" means the group of scientistsidentified and assembled by the Advisory Committee to review the scientificevidence and to evaluate the status of wildlife species that are candidates forinclusion on a protected animal list.

(8)        "Special concern species" means any species ofwild animal native or once‑native to North Carolina which is determinedby the Wildlife Resources Commission to require monitoring but which may betaken under regulations adopted under the provisions of this Article.

(9)        "Threatened species" means any native or once‑nativespecies of wild animal which is likely to become an endangered species withinthe foreseeable future throughout all or a significant portion of its range, orone that is designated as a threatened species pursuant to the EndangeredSpecies Act.

(10)      "Wild animal" means any native or once‑nativenongame amphibian, bird, crustacean, fish, mammal, mollusk or reptile nototherwise legally classified by statute or regulation such as game and furbearing animals, except those inhabiting and depending upon coastal fishingwaters, marine and estuarine resources, marine mammals found in coastal fishingwaters, sea turtles found in coastal fishing waters, and those declared to bepests under the Structural Pest Control Act of North Carolina of 1955 or theNorth Carolina Pesticide Law of 1971.  Nothing in this definition is intendedto abrogate G.S. 113‑132(a) or (c), confer jurisdiction upon the WildlifeResources Commission as to any subject exclusively regulated by any otheragency, or to authorize the Wildlife Resources Commission by its regulations tosupersede any valid provision of law or regulation administered by any otheragency. (1987, c. 382, s.1.)