§ 113-334. Criteria and procedures for placing animals on protected animal lists. - North Carolina Statutes

§ 113‑334. Criteria and procedures for placing animals on protected animal lists.

(a)        All native or resident wild animals which are on the federallists of endangered or threatened species pursuant to the Endangered SpeciesAct have the same status on the North Carolina protected animals lists.

(b)        The Advisory Committee, after considering a report on thestatus of a candidate species from the Scientific Council, may by resolutionpropose to the Wildlife Resources Commission that a species of wild animal beadded to or removed from a protected animal list.

(c)        If the Commission, with the advice of the AdvisoryCommittee, finds there is probably merit in the proposal, it shall examinerelevant scientific and economic data and factual information necessary todetermine:

(1)        Whether any other state or federal agency or private entityis taking steps to protect the wild animal which is the subject of theproposal;

(2)        Whether there is present or threatened destruction,modification, or curtailment of its habitat;

(3)        If there is over‑utilization for commercial,recreational, scientific, or educational purposes;

(4)        Whether there is critical population depletion from disease,predation, or other mortality factors;

(5)        Whether alternative regulatory mechanisms exist; and

(6)        The existence of other man‑made factors affectingcontinued viability of the animal in North Carolina.

(d)        The Commission, with the advice of the Advisory Committee,shall tentatively determine whether any regulatory action is warranted with regardto the proposal and, if so, the specific regulatory action to be proposed byit.  Notice of its proposed rulemaking shall be published in the North CarolinaRegister and the subsequent proceedings shall conform with the AdministrativeProcedure Act. (1987, c. 382, s.1.)