North Dakota Administrative Code
Title 48.1 - State Board of Animal Health
Article 48.1-09 - Nontraditional Livestock
Chapter 48.1-09-06 - Category 3 Species
Section 48.1-09-06-01 - Housing, handling, health, and importation requirements
Universal Citation: ND Admin Code ยง 48.1-09-06-01
Current through Supplement No. 394, October, 2024
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) for a confinement or holding area:
(1) Perimeter fence at least six feet [1.83
meters] tall must be present.
(2)
Twelve-gauge or stronger mesh is required and must be no greater than three
inches by four inches [7.62 centimeters by 10.16 centimeters].
(3) Four-inch [10.16-centimeter] diameter
treated posts or two-inch [5.08-centimeter] steel pipes must be no more than
eight feet [2.44 meters] apart. Posts must be set three feet [.91 meter]
deep.
(4) Fence must be attached on
the inside.
(5) Two electric wires
must be six inches [15.24 centimeters] inside the fence.
(a) The first wire must be six to eight
inches [15.24 to 20.32 centimeters] above the ground.
(b) The second wire must be eight to twelve
inches [20.32 to 30.48 centimeters] 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 [2.44 meters] apart
with a gap no more than four inches [10.16 centimeters] between planks, except
if young pigs are present, the fencing gaps must be no more than two inches
[5.08 centimeters].
(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 [.61
meter] below ground.
(c) Three feet
[.91 meter] angled forty-five degrees toward interior of enclosure.
(d) Four to six inches [10.16 to 15.24
centimeters] 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 [1.83 meters] tall must be present.
(2) Any gaps must be less than four inches
[10.16 centimeters] between the gate and ground, except if young pigs are
present, the fencing gaps must be no more than two inches [5.08
centimeters].
(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 [5.08
centimeter] 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 [6.10 meters] wide by fifteen feet
[4.57 meters] 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 [2.44 meters by 2.44
meters].
(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 [106.68 centimeters] 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 [.91 meter] in height, providing a
minimum of a four-foot [1.22-meter] 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 [2.44 meters] and at least four feet [1.22 meters] 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 [4.88 meters] high, or thirteen feet [3.96 meters] high with
a minimum three-foot [.91-meter] overhang, or be provided with tops at least
ten feet [3.05 meters] 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 [2.44 meters] 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 [2.44 meters] high with an
additional overhang of fencing angling into the pen at least three feet [.91
meter] or six feet [1.83 meters] 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 [3.66 meters] wide and twelve feet [3.66 meters]
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 [1.83 meters] in width and depth and be at least five feet
[1.52 meters] 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 [2.44 meters by 2.44
meters].
(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 [106.68 centimeters] into the pen.
(6) The underfencing must be covered with a
minimum of two feet [.61 meter] 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
[3.66 meters] 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 [37.16 square
meters] with an additional forty square feet [3.72 square meters] 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
[27.87 square meters] 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 [3.05 meters] with a top or twelve feet [3.66 meters] with an additional
three-foot [.91-meter] 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 [18.58 square meters] and floor space must be increased
by one hundred square feet [9.29 square meters] for each additional animal. The
enclosure must be at least eight feet [2.44 meters] high with an additional
overhang of fencing angling into the pen or six feet [1.83 meters] 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 [106.68 centimeters] 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.
I. 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 [.19 square meter] per pound [.45 kilogram] 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) 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."
(5) 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 [2.44
meters] 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 [15.24 centimeters] below or
between gates.
(4) A handling and
holding facility, adequate to handle nondomestic sheep or goats, or both, must
be in place.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12, 36-01-31
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
